A sober passenger can leave a Taiwan drunk-driving stop with a fine of their own. The driver's reading decides it.
The threshold is 0.25 mg/L of breath alcohol, or 0.05% blood alcohol, or more. Each passenger aged 18 or over then faces a fine of NT$6,000–15,000 under art. 35(8) of the Road Traffic Management and Penalty Act (the Traffic Act). Three groups are exempt: passengers aged 70 or over, passengers with what the statute calls 心智障礙 (mental or intellectual disability), and passengers of motor-transport businesses such as taxis and buses (Highway Act, art. 34).
What if the passenger did not know the driver had been drinking? A passenger who acted without intent or negligence is not punished (Administrative Penalty Act, art. 7). But art. 85(3) of the Traffic Act presumes negligence on the part of a person penalized alongside the driver. The passenger may have to show otherwise.
Refusing the test: NT$180,000 and a revoked license
Refusing a breath test draws a base fine of NT$180,000. The vehicle is impounded on the spot and its plates are suspended for two years. The license is revoked. A new one is barred for three years, and after that until the driver completes the required drunk-driving education or alcohol treatment (Traffic Act, art. 35(4), (9); art. 67).
Drivers who take the test meet a lower threshold first: no driving at or above 0.15 mg/L of breath alcohol or 0.03% blood alcohol (Road Traffic Safety Rules, art. 114). A first violation carries a fine of NT$15,000–90,000 on a motorcycle (機車) or NT$30,000–120,000 in a car. The vehicle is impounded, the license is suspended for one to two years, and the plates are suspended for two years.
Carrying a child under 12, or causing an accident that injures someone, makes the suspension two to four years. If someone is seriously injured or killed, the license is revoked and the driver can never be licensed again; the same applies when the driver had refused the test. A second violation within ten years, or driving a commercial bus, also means revocation (Traffic Act, art. 35(1)–(4); art. 67).
At 0.25 mg/L or 0.05% or more, the case is also criminal. A lower reading, or no reading because the driver refused, can still be the offense if other facts show the driver could not drive safely after drinking. The penalty is imprisonment for up to three years, and the court may add a fine of up to NT$300,000 (Criminal Code, art. 185-3). No accident is required. Where someone is killed or seriously injured, the penalties are heavier.
Car, license and residence permit are decided separately from the fine
Impoundment is not forfeiture. If the violation causes an accident with serious injury or death, the agency may forfeit the vehicle (Traffic Act, art. 35(9)). A court may also confiscate a vehicle that belongs to the offender as a thing used in the crime, with or without an accident (Criminal Code, art. 38(2)).
When one act is both a crime and a traffic violation, the criminal penalty takes priority, but other kinds of administrative sanction, such as the license measures, may still be imposed (Administrative Penalty Act, art. 26). If the final criminal fine is lower than the minimum administrative fine set under the traffic rules, the driver must pay the difference (Traffic Act, art. 35(12)).
For a foreigner, the next questions are the flight home and the residence permit. A prosecutor or judge may bar a defendant from leaving Taiwan by air or sea when suspicion is serious, the measure is necessary, and the defendant has no fixed residence or there is reason to fear flight or tampering with evidence (Code of Criminal Procedure, art. 93-2). Payment of a fine is not part of that test.
Under art. 32 and art. 33 of the Immigration Act, a final sentence of one year's imprisonment or more means the National Immigration Agency revokes the residence permit or permanent residence and cancels the ARC or APRC card. Negligent offenses and suspended sentences are excepted. A shorter sentence leaves another route open: a foreigner sentenced to imprisonment may be deported after serving it (Criminal Code, art. 95).
These are the provisions in force as of October 6, 2026. An amended art. 35 promulgated on August 17, 2026 raises the basic fines to NT$18,000–120,000 for motorcycles and NT$36,000–150,000 for cars, but its commencement date had not been set as of October 6.
Hovering International Law Firm can be reached at wei@hoveringlaw.com.tw. A short, non-confidential outline is enough to start: the date of the stop, the reading, and your residence status.
Official sources
- Road Traffic Management and Penalty Act (道路交通管理處罰條例): arts. 35 and 67 in the January 14, 2026 compilation, the text in force on October 6, 2026; art. 85
- Road Traffic Management and Penalty Act: art. 35 as amended on August 17, 2026, not yet in force; legislative history
- Road Traffic Safety Rules (道路交通安全規則): art. 114
- Highway Act (公路法): art. 34
- Criminal Code (中華民國刑法): art. 38, art. 95, art. 185-3
- Administrative Penalty Act (行政罰法): art. 7, art. 26
- Code of Criminal Procedure (刑事訴訟法): art. 93-2
- Immigration Act (入出國及移民法): art. 32, art. 33
Sources checked: October 6, 2026
This article is general information based on Taiwan statutes checked on October 6, 2026. It is not legal advice on any individual case.
Frequently Asked Questions
- Can a sober passenger be fined in Taiwan when the driver is over the limit?
- Yes. Under art. 35(8) of the Road Traffic Management and Penalty Act as in force in October 2026, when the driver tests at 0.25 mg/L of breath alcohol or 0.05% blood alcohol or more, each passenger aged 18 or over faces a fine of NT$6,000–15,000. Passengers aged 70 or over, passengers with what the statute calls 心智障礙, and passengers of motor-transport businesses are exempt. A passenger without intent or negligence is not punished under art. 7 of the Administrative Penalty Act, but art. 85(3) of the Road Traffic Management and Penalty Act presumes negligence, so the passenger may have to rebut it.
This article provides general information and is not legal advice on any individual matter.
