Caught Drunk Driving in Taiwan? Will I Be Deported? Understanding DUI Laws and Your ARC Status

You went out for a few drinks with friends in Taipei, hopped on a scooter or got behind the wheel, and suddenly, you see the flashing lights of a police checkpoint.

The breathalyzer beeps. You are over the limit.

Panic sets in. It’s not just about the heavy fines or the potential jail time.

For expats in Taiwan, the terrifying question is: "Will I lose my ARC and be kicked out of the country?"

Taiwan has some of the strictest drunk driving laws in East Asia. A DUI (Driving Under the Influence) offense here is not just a traffic violation; it can be a criminal offense that triggers a revocation of your work permit and Alien Resident Certificate (ARC).

Here is what every foreigner in Taiwan needs to know about the legal threshold, the criminal consequences, and how to protect your right to stay.

The "Zero Tolerance" Reality: Know the Numbers

In many Western countries, having one beer might keep you under the legal limit. In Taiwan, the tolerance is effectively zero. The law distinguishes between an administrative violation and a criminal offense based on your Breath Alcohol Concentration (BAC):

Above 0.15 mg/L and less than 0.25 mg/L: This is an administrative violation.

You will face a heavy fine (ranging from NT$15,000 to NT$90,000 for scooters, and NT$30,000 to NT$120,000 for cars), your vehicle will be impounded, and your license will be suspended.

Generally, this level alone typically does not lead to immediate deportation, but it stays on your traffic record.

0.25 mg/L and above: This is the critical danger zone.

You have committed a Criminal Offense under Article 185-3 of the Criminal Code (Offenses Against Public Safety) or 185-4 if you hurt anyone.

You will be arrested on the spot and transferred to the District Prosecutors Office.

The Link Between DUI and Deportation

Why does a drunk driving charge threaten your visa? It comes down to the Employment Service Act and the Immigration Act.

If you are convicted of a crime in Taiwan, the Ministry of Labor (MOL) has the right to revoke your work permit.

Specifically, under the regulations, if a foreigner violates the laws of the ROC and the violation is deemed "serious" or affects social security, their work permit can be canceled.

Once your work permit is canceled:

Your ARC (which is tied to your work permit) becomes invalid.

The National Immigration Agency (NIA) will order you to leave Taiwan within a specific timeframe.

You may be banned from re-entering Taiwan for a period of time (often 1-3 years).

The "Sentencing" Threshold:

Generally, if you receive a prison sentence (even if it is commutable to a fine), your risk of deportation skyrockets.

However, if your lawyer can help you secure a "Deferred Prosecution" (緩起訴) or a sentence that does not trigger the automatic revocation clause, you may have a chance to save your visa.

What is "Deferred Prosecution" and Why Do You Need It?

If your alcohol level was above 0.25 mg/L, you are facing a prosecutor. This is where having an experienced criminal lawyer is vital.

Your lawyer’s primary goal is often to argue for a Deferred Prosecution (Suspension of Prosecution).

What it is: The prosecutor agrees not to indict you formally, provided you pay a fine to the public treasury and perhaps perform community service or attend road safety lectures.

Why it saves you: In many administrative precedents, a Deferred Prosecution is not always treated with the same severity as a criminal conviction by the Ministry of Labor. It is often the best legal pathway to keeping your clean record and your residency.

Immediate Steps to Take If You Are Stopped

If you are reading this after being stopped, or want to be prepared:

Handle the Breathalyzer Wisely: Know Your Procedural Rights

There is a massive legal difference between "Refusing the Test" and "Ensuring Proper Procedure."

The Risk of Refusal:

If you explicitly say "No" or physically resist, police will issue an immediate NT$180,000 fine and revoke your license. This is rarely worth it unless you are certain your levels are astronomically high.

Rinse your Mouth:

Under Taiwan’s regulations, you have the right to request water to rinse your mouth due to some circumstances. It clears mouth alcohol (preventing false positives) and, crucially, buys your body time to metabolize alcohol.

Language Barriers:

Police must ensure you understand the instructions. If you genuinely do not understand Mandarin, do not rush to blow into the device just to be cooperative. Calmly indicate that you need an interpreter or English instructions. This ensures the procedure is legal and, coincidentally, may provide additional time for your BAC to stabilize.

Be Polite:

Aggression towards police officers can lead to additional charges of "Obstructing an Officer," which will make deportation almost certain.