酒駕公共危險罪

Is moving your car in a parking lot while waiting for a designated driver after drinking considered drunk driving? | Lawyer Li Yusheng explains

News Headline:Exclusive: Drunk man drives out of parking lot to wait for designated driver – this is considered drunk driving! He even slaps a police officer in the face.
Media Source:ETtoday News
reporter:ETTV News Interview Team
News link:https://youtu.be/C7XtBc6iv7k?si=NSXjAK6zsvmjWh6n

News Summary

According to ETtoday News, a man in Taipei, after drinking, attempted to drive his car out of a parking lot to wait for a designated driver. However, because he hadn't paid the parking fee and the gate wouldn't open, he kicked the door of the parking management office. After the parking attendant called the police, the man was also accused of slapping a police officer in the face and was taken into custody by the police. The incident raised the question of whether simply moving a car in a parking lot without actually driving it on the road still constitutes drunk driving.

Lawyer Li Yusheng explains

In a news report, Attorney Li Yusheng of Fidelity Law Firm explained that even if drunk driving occurs in a parking lot, it still poses a risk to public safety. The mere act of moving the car or waiting for a designated driver does not absolve one of criminal responsibility. Article 185-3 of the Criminal Code focuses on the driving of a motorized vehicle: a breath alcohol concentration of 0.25 mg/L or higher, a blood alcohol concentration of 0.051 TP3T or higher, or other circumstances sufficient to establish that one is incapable of safe driving after drinking, may constitute a crime.

Is it valid?Criminal liability for drunk drivingHowever, it is still necessary to verify the actual driving behavior, breathalyzer results, and relevant video footage, not just the distance traveled or whether the vehicle left the parking lot. After drinking, a designated driver should pick up the vehicle directly from its parking location; do not drive to the exit yourself. As for assaulting police officers, if it constitutes violence against a public official performing their duties, it may also constitute obstruction of official business; kicking down a door and causing damage may also involve damage and compensation, all of which must be determined based on specific evidence.


Fuda Law Firm
Address: 17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei Taiwan 106
Tel:02-7709-3611
Line:@fdlaw
Facebook:FDLAW
website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw

Leave a Reply

Your email address will not be published. Required fields are marked *