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Will drunk driving while riding a YouBike electric scooter constitute a criminal offense?
News Headline:Exclusive: Bartender riding a YouBike while intoxicated; police say it's an "electric scooter"! He faces criminal charges.
Media Source:ETtoday News
reporter:Yang Xinyi
Riding a bicycle after drinking does not mean you are completely free of legal responsibility; if you are riding an electric-assisted bicycle or other powered vehicle, and your blood alcohol level reaches a certain standard, you may not only face traffic fines, but may also fall under the scope of the criminal offense of endangering public safety.
News Summary
According to news reports, a bartender was stopped by police for riding a YouBike while intoxicated. Police determined the vehicle was an "electric-assisted vehicle" and that he might be committing a criminal offense of drunk driving endangering public safety. This surprised many people: why would simply riding a public bicycle be considered a potential criminal offense?
The key lies in the nature of the vehicle. Generally, drunk driving on a bicycle is first handled according to the regulations for drunk driving on slow vehicles; however, if the vehicle has electric assistance or power, it may be considered a "powered vehicle" as defined in Article 185-3 of the Criminal Code.
Lawyer Li Yusheng explains
According to Li Yusheng, a lawyer at Fidelity Law Firm, Article 185-3 of the Criminal Code stipulates that if the concentration of alcohol in one's breath is 0.25 milligrams per liter or more, or the concentration of alcohol in one's blood is 0.05 percent or more, it may constitute the crime of unsafe driving, which is commonly known as drunk driving and endangering public safety.
Therefore, the key issue in this case is not whether the vehicle is a car or a motorcycle, but whether it falls under the category of "motorized vehicles." If the police determine that the YouBike is an electric-assisted bicycle and the blood alcohol level reaches the criminal standard, the case may be transferred to the district prosecutor's office for investigation.
Attorney Li Yusheng warns that the general public often mistakenly believes that "I didn't drive, I was just riding a bicycle" and therefore will be fine. However, in practice, riding a bicycle while intoxicated can already result in administrative penalties; if it is an electric scooter, a mini electric two-wheeler, or other powered vehicle, the criminal risk is even higher.
Legal Disputes and Practical Reminders
I. Driving a bicycle under the influence of alcohol may also result in a fine.
If a driver of a slow-moving vehicle has a blood alcohol concentration exceeding the legal limit, they may be fined and prohibited from driving under the Road Traffic Management and Penalty Act. Drunk driving is not limited to cars and motorcycles.
II. Electric auxiliary vehicles may be subject to criminal law judgment.
If the vehicle is an electric-assisted bicycle or has a motorized function, the police may consider it a motorized vehicle under criminal law. If the blood alcohol level reaches the criminal standard, the case may be transferred for investigation.
Third, the criminal penalties for drunk driving are more severe than general fines.
Driving under the influence of alcohol can result in imprisonment, detention, or fines, and will also leave a criminal record. The legal consequences can be more severe if an accident, injury, death, or repeat offense occurs.
Fourth, the safest option after drinking is not to ride any vehicle.
Even if you feel the distance is short, it is not recommended to ride YouBike, bicycle, electric scooter, or mini electric two-wheeler after drinking alcohol. Taking a taxi, using a designated driver, or asking a friend or relative for a ride is the safest approach.
FAQ
Q1. Will riding a YouBike after drinking constitute a criminal offense of drunk driving?
It depends on whether the bicycle being ridden is a regular bicycle or an electric-assisted bicycle, and whether the blood alcohol level meets the criminal law standard. If it is identified as a powered vehicle and the blood alcohol level meets the standard, it may constitute a public endangerment crime under criminal law.
Q2. Will I be fined for drunk driving while riding a bicycle?
Yes. If a driver of a slow-moving vehicle has an alcohol concentration exceeding the legal limit, they may be fined according to the Road Traffic Management and Penalty Act and prohibited from continuing to drive on the spot.
Q3. What is the legal alcohol test standard for drunk driving under criminal law?
Article 185-3 of the Criminal Code stipulates that a breath alcohol concentration of 0.25 milligrams per liter or higher, or a blood alcohol concentration of 0.05 percent or higher, may constitute the crime of unsafe driving.
Q4. What should I do if the police determine that I am driving an electric vehicle under the influence of alcohol?
It is recommended to first confirm the breathalyzer reading, vehicle type, police notification, and police record. If you have been transferred to a prosecutor's office or received a summons, you should consult a lawyer as soon as possible to assess whether there is any dispute regarding the vehicle's nature, the breathalyzer procedure, or applicable law.
Lawyer's Reminder
The risks of using public transportation after drinking extend beyond just driving a car or riding a motorcycle. With the widespread availability of public bicycles, electric scooters, and mini electric two-wheelers, many people underestimate the legal consequences of riding them while intoxicated. Whenever you need to move after drinking, the safest course of action is to avoid riding any vehicle yourself.
If you are notified by the police or summoned by the district prosecutor's office due to drunk driving, public endangerment, traffic accidents, or problems with the breathalyzer test procedure, it is recommended that you first save the breathalyzer test form, ticket, statement, vehicle information, and on-site video footage, and then have a lawyer assist you in determining the next course of action.
Fuda Law Firm
If you encounter issues related to drunk driving endangering public safety, traffic accidents, breathalyzer procedures, or criminal cases, it is recommended that you first organize the notice, breathalyzer test results, ticket, and on-site information, and then have a lawyer assist you in assessing your defense strategy.
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References:ETtoday News YouTube Video,Article 185-3 of the Criminal Law,Taipei City Police Department's Guidelines on Drunk Driving on Bicycles,Taipei City Police Department's Regulations on Bicycle Management