China will strengthen its handling of criminal cases involving drunk driving, according to a set of guidelines released yesterday.
Jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice, the guidelines specified 15 scenarios subject to heavier punishment under the law, including recidivism.
These guidelines noted 10 scenarios where suspension of sentence shall not apply. For example, cases that lead to traffic accidents and pose a significant danger will be subject to a heavier punishment. If drunk driving also accompanies other crimes, such as hit-and-run, the individual will be convicted and held to a stricter criminal responsibility.
Drunk driving with obviously minor circumstances or damage may be exempt from criminal penalties, according to the guidelines.
The guidelines will take effect Dec. 28.
China amended its Criminal Law to criminalize drunk driving in 2011. The revised law stipulates that drunk driving constitutes a criminal offense, even if no road accidents or other serious consequences occur. The average annual incidences of crashes, mortality, and injuries have decreased after the promulgation of the law.
In China, a driver is over the legal limit if the alcohol content in their bloodstream exceeds 20mg/100ml. If the alcohol content exceeds 80mg/100ml, they are considered to be drunk driving.
As per new traffic regulations introduced in 2013, drivers who drink and drive will have 12 points added to their driving license. Their license will be confiscated by the traffic bureau for six months, and the driver will be fined between 1,000 and 2,000 yuan. Drunk drivers will have their driving license suspended, serving a 5-year ban before they can apply for a new license, and they will be jailed and/or fined after being tried in court.
Previously, the punishments for anyone driving after drinking alcohol were a fine of 200 to 500 yuan and a one-to-three-month driving license suspension.
Official data showed in 2022, a total of 901,000 cases of drunk driving and driving under the influence of alcohol were investigated and handled nationwide, including 177,000 cases of drunk driving. These incidents led to 1,525 fatal traffic accidents and 1,674 deaths, marking a respective decrease of 20.7% and 20.4% compared to the previous year.
International and other foreign driving licenses are not recognized in China. Foreigners must earn a Chinese driver's license before they are eligible to rent, register, or buy a car in China.