By KHT Staff. AI illustration image.
KAOHSIUNG — A Kaohsiung man who argued he should have received a warning instead of a drunk-driving penalty because his breath alcohol level after a 2025 police stop was only slightly above the legal limit has lost his administrative lawsuit.
The man, surnamed Zhuang (莊), was stopped while riding a scooter in Sanmin District (三民區) at about 8 a.m. on Aug. 17 last year, according to a ruling cited by local media.
A breath test showed an alcohol concentration of 0.16 mg per liter, slightly above the legal limit of 0.15 mg per liter.
Zhuang argued that he had drunk alcohol at about 10 p.m. the night before, was conscious, and did not appear drunk. He said his reading fell within a range in which police may issue a warning instead of a formal citation.
He filed an administrative lawsuit seeking to cancel a NT$90,000 fine and license revocation issued by the Kaohsiung Transportation Bureau.
However, the local administrative litigation division of the Kaohsiung High Administrative Court reviewed police body camera footage and rejected his claim.
Police said Zhuang first ran a red light at the intersection of Tiedao 2nd Street (鐵道二街) and Shenyang Street (瀋陽街), then rode unsteadily and turned around to flee after seeing officers.
The judge said the warning provision is discretionary, not automatic. To qualify, the case must not seriously endanger traffic safety or order, must be minor in nature, and must be suitable for non-citation handling.
The court said Zhuang’s conduct did not meet those conditions because he was suspected of drunk riding, running a red light, riding unsteadily, and trying to avoid police inspection.
The court also found that Zhuang had previously been penalized for drunk driving on Aug. 19, 2019, putting the latest case within the 10-year period for a repeat offense.
The Transportation Bureau imposed a NT$90,000 fine, revoked his driver’s license, and barred him from applying for a new license for three years. He was also ordered to attend a road safety course. The court also ordered Zhuang to pay NT$300 (yes, that is what the report says) in court costs.
The case can be appealed.
