The opportunistic behaviors under drunk driving policies in Taiwan: A study with population-based data

Driving under the influence of alcohol (DUI) is a major concern of road safety, as it not only leads to many people killed and injured, but also induces a significant loss of labor productivities. Taiwan is no exception to this problem, because drunk driving is one of the primary causes of severe traffic crashes nationwide. To prevent DUI, the authorities have revised laws many times to increase the penalties for drunk driving, including revocation or suspension of license, greater fines, detaining vehicles, and lengthening incarceration times. However, under the current system, suspected drivers are only subject to an administrative punishment if they refuse the request of a sobriety test. By doing so, heavy drinkers could avoid a possible criminal accusation of drunk driving, a potential incarceration penalty, and a lifetime criminal record. This research investigates the opportunistic behavior of drunk drivers against DUI policies in Taiwan. First, we find that drivers with a previous DUI experience are more likely to refuse a breath test when caught. Second, the degree of probability to refuse a breath test increases as the punishment to drivers failing a breath test rises, while it drops as the punishment to refusers increases. Third, breath test refusers have a greater likelihood to be caught again for DUI violations in one year than heavy drinking drivers with a BrAC (breath alcohol concentration) level of 0.55 mg/L. Fourth, breath test refusers are somewhat more likely to cause a DUI incident in two years than drunk drivers who comply with the request to carry out a breath test. These findings suggest that the allowance of breath test refusal with a mild administrative punishment may be a loophole that limits the deterrent effect and consequently leads to more drunk driving cases and incidents among refusers.