New drunk driving regulations have been adjusted; do not drive after drinking with a fluke mindset.

Compiled from: Jiangsu High Court

Case Review

On the evening of December 30, 2023, Ahua gathered with friends and drank several glasses of baijiu. The dinner ended at 9 PM. Remembering he needed to return to his hometown to pick up materials, Ahua, with a fluke mindset, drove onto the highway heading toward his hometown. While driving on the highway, due to failing to observe the vehicle ahead, Ahua rear-ended a semi-trailer, causing his car to lose control and roll over, resulting in a traffic accident.

After identification, Ahua bears full responsibility for the accident, and his blood alcohol content at the time of the incident was 97.5mg/100ml.

The court found that the defendant Ahua drove under the influence of alcohol on the highway, causing a traffic accident and bearing full responsibility, and imposed a heavier punishment. Ahua did not resist arrest, truthfully confessed his crimes after being brought to justice, and voluntarily admitted guilt and accepted punishment, which could lead to a lighter or more lenient sentence. Ultimately, the court sentenced Ahua to one month of criminal detention for the crime of dangerous driving and imposed a fine of 2,000 RMB. The judgment has taken legal effect.

　　"Opinions of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice on Handling Criminal Cases of Drunk Driving"

　　第10条

Drunk driving with any of the following circumstances, if not constituting another crime, shall be dealt with more severely:

(1) Causing a traffic accident and bearing full or primary responsibility; (2) Fleeing after causing a traffic accident.

(3) Driving a motor vehicle without a valid driver's license;

(4) Driving with severe overcapacity, overloading, or overspeeding;

(5) Driving after taking psychotropic drugs or narcotics controlled by national regulations;

(6) Driving a motor vehicle for passenger transport activities while carrying passengers;

(7) Driving a motor vehicle for school bus services while carrying teachers and students;

(8) Driving on expressways;

(9) Driving a heavy cargo vehicle;

(10) Transporting hazardous chemicals or dangerous goods;

(11) Evading or obstructing a public security authority’s lawful inspection;

(12) Engaging in acts that obstruct justice, such as threatening, retaliating against, inducing, or bribing witnesses, expert evaluators, or other personnel, or destroying or falsifying evidence;

(13) Having been caught or subjected to administrative penalties for driving a motor vehicle after consuming alcohol within the previous two years;

(14) Having been convicted or given a relative non-prosecution for dangerous driving behavior within the previous five years.

(15) Other circumstances requiring heavier punishment.

[4] Author's Opinion

On December 28, 2023, the "Opinions of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice on Handling Criminal Cases of Drunk Driving" (hereinafter referred to as the "Opinions") officially came into effect. The Opinions reiterate that driving a motor vehicle on the road with a breath alcohol test showing a blood alcohol content of 80mg/100ml or above constitutes drunk driving. Meanwhile, according to Article 12, Paragraph 1, Item 1 of the Opinions, if the driver's blood alcohol content is below 150mg/100ml and none of the circumstances specified in Article 10 of the Opinions are present, the act may be deemed as obviously minor and causing little harm, and thus not treated as a crime. Compared to the 80mg/100ml blood alcohol content threshold for the crime of drunk driving, the Opinions relax the standard to some extent by allowing blood alcohol content below 150mg/100ml to not be treated as a crime. However, it should be noted that this relaxation is conditional, requiring both that the offender's blood alcohol content is below 150mg/100ml and that none of the circumstances in Article 10 of the Opinions are present. Otherwise, the offender will still face criminal liability.

In this case, the defendant Ahua had a blood alcohol content of 97.5mg/100ml at the time of the incident, which is below the 150mg/100ml standard. However, because he had the first and eighth circumstances for heavier punishment under Article 10 of the Opinions—namely, causing a traffic accident and bearing full or primary responsibility, and driving on a highway—Ahua still bears criminal liability for the crime of drunk driving.

Here, we also remind all drivers that, in addition to the above circumstances, the Opinions list 15 acts, including hit-and-run and driving without a license, as circumstances for heavier punishment. There are thousands of roads, but safety comes first! Refusing to drive after drinking, driving in compliance with regulations, submitting to inspections as required, and handling accidents promptly and lawfully are not only responsible for others but also for one's own life and property.