Filipino worker in Taiwan: Drunk Driving Question

Legal Visa & Residency
21

Will i got deported?
Will go to prison?
Will pay higher penalties?

I am not involved in accidents

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You can consult with a lawyer for free at legal aid foundation.

https://www.laf.org.tw/en/

https://www.laf.org.tw/en/index.php?action=service&Sn=20

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We are not lawyers here, long holiday will end soon and they will be back at work

Thanks i was waiting for that, normally it comes faster

24

Haven’t people already answered these questions above? Consult a lawyer is what you need to do now.

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Here is one example from last year. The defendant was a Filipina:

She was riding an electrical bicycle when the police stopped her, because the headlight was off. Her blood alcohol was 0.72mg/L.

She got off lightly: only a 1-month sentence that can be converted to a fine of 1000NT/day, and no deportation. Here are what the judge wrote as the reasons for the lenient sentence:

  1. the defendant confessed her drinking before the cop even asked.
  2. it was a first offense.
  3. the defendant’s attitude was good.
  4. the vehicle was an e-bike, and luckily no damage was done.
  5. the defendant’s intellect (i.e. understanding of the crime) and economic circumstances.

If your vehicle is a regular motorcycle, you might get 2-3 months (i.e. up to NT$90,000 of fine). As to whether you will get deported, it’s up to the judge, and it may depend on the kind of Visa you have. It sounds like the defendant in the above case was a legal immigrant.

8 Likes
26

This is a good place for you to ask questions, esp. things like deportation.

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27

Here is another case from last year:

Nationality: Vietnamese
Status: legal worker
Vehicle: electrical bike (no plate, which is probably the reason the defendant got stopped)
Alcohol level: 0.92mg/L
Sentence: 3 months (commutable to fine) plus another 10,000NT fine, no deportation.

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Thank you for the information. Really appreciated.

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It looks like even if the judge decided not to deport you, there is a possibility that the Labor Department can cancel your work permit, disallow you to work in Taiwan, and order you to leave:

https://www.lawbank.com.tw/news/NewsContent_print.aspx?NID=172685.00

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30

I see. Is that happen of this 2 immigrant worker?they orderd to leave also by the labor?

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I don’t know what happened to those two, but there have been discussions on this site where people were ordered to leave, for example:

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Also, according to this article, the Department of Labor revoked 400+ foreign workers’ work permits and ordered them to leave due to drunk driving in 2018:

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33

Is it allowed to ride a non electric bicycle drunk in Taiwan? Or same 0.003 limit?

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The legal limit is the same, but if the bicycle doesn’t have a motor, and no accident is caused, then criminal laws don’t apply. You will be fined 600-1200 NT if caught, according to Article 73 of the Road Traffic Management and Penalty Act. The fine is 2400 NT if you refuse to take a breath test.

35

Okay, so no way for more severe fines, license suspension or simit on a bicycle as long as no accident caused, correct?

Cause I cannot find a difference in law for electic Vs normal bicycle…

E.g. Punishment for Drunk Driving | TBAF

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Any word op?

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Only after an accident with injury or death. Otherwise it’s 0.05

And it depends on your guanxi.

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Isn’t it 0.03 sind 1 July 2019?
(That’s quite a big difference. 0.5l of beer for a 70kg person vs 0.8l of beer approx being the max safe with some food).