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.

Upon appraisal, Ahua bore 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, A Hua, drove while intoxicated on the highway, causing a traffic accident and bearing full responsibility for the accident, which constituted a heavier penalty circumstance. A Hua did not resist arrest when apprehended, truthfully confessed his crime after being brought to justice, and voluntarily pleaded guilty and accepted punishment, which warranted a lighter and more lenient treatment. Ultimately, the court sentenced A Hua to one month of criminal detention for the crime of dangerous driving and imposed a fine of RMB 2,000. 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"

Article 10

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 for the accident; (2) Fleeing the scene after causing a traffic accident;

(3) driving a motor vehicle without having obtained a motor vehicle driver's license;

(4) driving with a serious overload of passengers or cargo, or at a serious excessive speed;

(5) driving after taking psychotropic drugs or narcotic drugs under state control;

(6) driving a motor vehicle engaged in passenger transport activities and carrying passengers;

(7) driving a motor vehicle engaged in school bus operations with teachers and students on board;

(8) driving on a highway;

(9) driving a heavy-duty cargo vehicle;

(10) transporting hazardous chemicals or dangerous goods;

(11) evading or obstructing inspection by public security organs in accordance with the law;

(12) Committing acts that obstruct justice, such as threatening, retaliating against, inducing, or bribing witnesses, expert witnesses, or other personnel, or destroying or forging evidence;

(13) Having been apprehended for driving a motor vehicle after drinking alcohol or having received an administrative penalty for such an act within two years;

(14) Having been convicted of a crime or given a relatively non-prosecution decision within five years due to dangerous driving behavior;

(15) Other circumstances requiring heavier punishment.

[4] Author's Opinion

On December 28, 2023, the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on Handling Criminal Cases of Dangerous Driving While Intoxicated (hereinafter referred to as the "Opinions") officially came into effect. The Opinions reaffirm that driving a motor vehicle on a road with a blood alcohol content of 80mg/100ml or above, as indicated by a breath alcohol test, constitutes drunk driving. Meanwhile, according to Article 12, Paragraph 1, Item 1 of the Opinions, when a driver's blood alcohol content is below 150mg/100ml and none of the circumstances stipulated in Article 10 of the Opinions apply, the act may be determined to be of notably minor circumstances with little harm and may not be handled as a crime. Compared with the 80mg/100ml blood alcohol content threshold required for the crime of dangerous driving while intoxicated, the Opinions allow cases with blood alcohol content below 150mg/100ml to be exempted from criminal handling, representing a certain degree of relaxation. However, it should be noted that this relaxation is conditional: it requires both that the actor's blood alcohol content be below 150mg/100ml and that none of the circumstances stipulated in Article 10 of the Opinions apply. Otherwise, the actor will still be held criminally liable.

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 threshold of 150mg/100ml. However, because he falls under the first and eighth circumstances for heavier punishment as stipulated in Article 10 of the Opinions, namely, causing a traffic accident and bearing full or primary responsibility for it, and driving on a highway, Ahua should still bear criminal liability for the crime of dangerous 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.