Ministry proposes harsher penalties and vehicle confiscation for drug driving

In recent years, standards for road traffic safety have been continuously rising in Taiwanese society. Particularly regarding driving under the influence of alcohol or drugs, public and cross-sector demands for harsher penalties have never wavered. In response to eager public expectations to prevent the hazards of driving under the influence of drugs (DUID), the Ministry of Justice has officially proposed an amendment to Article 185-3 of the Criminal Code in its latest operational report submitted to the Legislative Yuan. The core focus of this amendment is to substantially increase penalties for various types of DUID offenses and to introduce new provisions regarding the confiscation of vehicles involved in DUID. This demonstrates the government's determination to comprehensively curb drug users from taking to the roads and endangering innocent lives through a two-pronged approach of strict penalization and the deprivation of crime tools.

According to the Criminal Code amendment proposed by the Ministry of Justice, this legislative revision precisely targets DUID scenarios of varying severity for aggravated punishment. Although current regulations prescribe penalties for driving power-driven vehicles after consuming drugs, narcotics, or other similar substances, society generally believes that there remains room for review and improvement in terms of actual enforcement and deterrent effect. Therefore, the new draft not only raises the sentencing baseline for general DUID offenses, but also imposes extremely severe criminal liabilities for resulting offenses that cause serious injury or death to others. Furthermore, for repeat DUID offenders who ignore warnings and commit offenses repeatedly, the Ministry of Justice has also planned more deterrent aggravated punishment mechanisms to ensure that drivers harboring wishful thinking pay a heavy price.

Aside from increasing custodial sentences such as imprisonment, one of the most prominent highlights in this amendment draft is the addition of provisions for the confiscation of vehicles used in DUID. Previously, when handling drunk driving or DUID cases, although courts could confiscate instruments of crime in accordance with the General Principles of the Criminal Code, confiscation enforcement was often not as widespread as expected due to factors such as the principle of proportionality or vehicle ownership belonging to third parties. Taking public opinions into account, the Ministry of Justice has clearly added a legal basis for the confiscation of relevant vehicles in DUID cases. This means that if drivers dare to drive under the influence of drugs in the future, not only will they face imprisonment themselves, but the vehicles registered in their names may also be directly confiscated by the state. This approach of cutting off crime tools from an economic and substantive asset perspective is regarded as a key measure to effectively suppress the arrogance of DUID.

Drug prevention and traffic safety have always been public policy areas of high consensus in Taiwanese society. Drugs not only erode personal physical and mental health, but side effects such as hallucinations, slowed reactions, or lack of concentration resulting from their use directly transform into ticking time bombs on the roads, posing a devastating threat to the safety of other road users. Over the past few years, several tragedies resulting in shattered innocent families due to DUID have occurred in society, triggering fierce public criticism. The Ministry of Justice's proactive move this time—raising penalties and depriving vehicles through legal amendments—is a concrete legislative response reflecting the government's recognition of the severity of the DUID problem, with the expectation of double-blocking the possibility of DUID at both the source and operational stages through the deterrent power of the law.

As this Criminal Code amendment draft has been formally submitted to the Legislative Yuan, it is expected to become a focal point of attention and discussion among legislators from both the ruling and opposition parties in the upcoming legislative session. In addition to examining the reasonableness of the increased penalties and the principle of proportionality between crimes and punishments, lawmakers are bound to engage in rigorous debates and gatekeeping within committees on details such as the scope of application for vehicle confiscation and protection mechanisms for innocent third parties (such as car rental companies or joint vehicle owners). The promotion of this bill is not only a major step forward in criminal policy by the Ministry of Justice, but also an important milestone for Taiwanese society in building a safer road environment. The public is watching closely to see whether it will successfully pass its third reading and achieve practical results in the future.