Reversal! Man fined NT$180,000 for refusing breathalyzer test in car with AC on; court 'overturns ruling for this reason'

A man in Taichung, Taiwan, successfully challenged a hefty NT$180,000 fine and license suspension after refusing a breathalyzer test. The penalty was initially imposed after police found the man resting in his car with the air conditioning running, smelling alcohol. The man contended that he had not been driving but was merely waiting for a ride-hailing service to arrive.

The incident occurred when police patrolling the Zhong District noticed the man's illegally parked vehicle. Upon approaching, officers detected the smell of alcohol and requested a breathalyzer test. The man refused, insisting he had not driven under the influence and was only using the car for a break while arranging for a designated driver. Police cited his refusal as grounds for the substantial fine and a three-year ban on reapplying for his license.

However, the Taichung High Administrative Court reviewed the case, examining police dashcam and bodycam footage. The evidence showed the vehicle had been stationary for over 15 minutes before and during the police encounter. Crucially, the man also provided call logs and dispatch records proving he had indeed booked a ride-hailing service.

The court ruled that the legal definition of 'driving' requires both the intent and action of moving a vehicle. Simply resting, cooling off, or waiting for a ride in a parked car does not qualify as driving. As there was insufficient evidence to prove the man had actually operated the vehicle while intoxicated or was stopped mid-journey, the court found he was not obligated to take the breathalyzer test. Consequently, his refusal was not a violation, and the original administrative penalty was revoked. The ruling is subject to appeal.