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Directions for Police Officers in Enforcing Drunk-Driving Laws

  • Date: 2019-05-15
  • Issued by: Police Department

When enforcing drunk-driving laws, police officers must pay attention to the following points. (Legal Basis: Police Duties Enforcement Act)
1. When the driver refuses inspection by shutting up the windows and doors of his/her vehicle:
(1) The police officer shall show identification to the driver, tell the driver that impaired driving is being investigated, and request the driver to accept the inspection; if necessary, place a written notice on the vehicle’s window(door) to tell the driver of the investigation.
(2) Enforcement action: After the police officer completes the notice procedure and the driver still closes doors and windows, refusing the inspection, the field commander can order an enforcement action to get the driver out of the vehicle for inspection.
2. If the driver refuses to produce proof of identity or inform of his/her own identity:
(1) The police officer shall show identification to the driver, tell the driver that impaired driving is being investigated, and request the driver to producetrue identity documents and accept tests for blood alcohol level.
(2) Enforcement action: After the police officer completes the procedure asking the driver to present his/her identity but fails, the police officer may take the driver to the police station for verification. The police officer shall not take any enforcement actions unless the driver resists. The detention time shall not exceed three hours counting from the moment when the vehicle is pulled over. The police officer shall report the case to the police duty command center and also notify the friend and relative or a lawyer designated by the driver.
(3) Interrogation and sanction: 1. The portion of drunk driving shall be judged by violation levels and handled according to the Criminal Code or the Act Governing the Punishment of Violation of Road Traffic Regulations, respectively.2. For the portion of the driver’s refusal to produce identity documents or inform of his/her identity, the police officer, after interrogation, shall prepare the evidences (audio or video) and documents and transfer the case to the summary court of local district court for ruling in accordance with Subparagraph 2, Paragraph 1, Article 67 of Social Order Maintenance Act.

  • Date : 2013-07-22
  • Hit: 16