TAIPEI (Taiwan News) -- A man who refused to submit to a breathalyzer test by locking himself in his Mercedes-Benz has won a decision by the Taipei High Administrative Court to reverse the punishment imposed on him for not cooperating with the police, reported CNA.
Early on the morning of October 19 last year, while driving on Section 4 of Civic Boulevard, a man surnamed Liu (劉) saw that police had setup a checkpoint to run random breathalyzer tests on drivers, so he pulled his car to the side of the road in a no parking zone. When police approached his vehicle and ask that he submit to a breathalyzer test, Liu refused and locked his car doors, so the police fined him NT$90,000 and suspended his license for three years.
Liu refused to accept the punishment and filed an appeal with an appellate court claiming that he was sleeping at the time. The court ruled in his favor saying that police cannot treat "anyone who does not obey instructions by the police as being intoxicated."
Police then appealed the decision to the High Administrative Court, however, the court again ruled in Liu's favor stating that though such tests are in the public interest, they cannot infringe on the constitutional rights and liberties of citizens. The court said that because there was "no cause" to run a breathalyzer test on him as he was not speeding or driving in an erratic manner, the driver had the right to refuse the test.
The court said that it is only when police "legally implement" breathalyzer tests, can the "refusal of a breathalyzer test" be considered illegal and punishable by law.
Video of Liu's encounter with police on October 19.