The Supreme Court is seen in Tokyo's Chiyoda Ward. (Mainichi/Kazuo Motohashi)

       TOKYO -- An alcohol breath test conducted some 30 minutes after a vehicle was stopped was ruled valid by Japan's Supreme Court on Dec. 7, dismissing an appeal by a man who demanded that the Metropolitan Police Department (MPD) cancel the revocation of his driver's license on the grounds that the alcohol test was illegitimate.

       The verdict came as the top court's Third Petty Bench upheld a lower court ruling in June 2021 that recognized that the man was driving drunk, while deeming the breath test results valid. All five justices were in favor of the ruling.

       According to the rulings in the first and second trials, the man living in Tokyo had been driving a motorcycle under the influence of alcohol in November 2016. He was stopped by MPD officers, and following questioning, took an alcohol test about 30 minutes later. Alcohol exceeding the legal limit was detected on his breath.

       In July 2020, the Tokyo District Court did not recognize that the man was driving while intoxicated, stating that it was possible that alcohol levels were below standard at the time he was driving. In June 2021, the Tokyo High Court ruled that DUI was recognized as long as the breath test results exceeded the legal limit.

       (Japanese original by Jintaro Chikamatsu, Tokyo City News Department)

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