Understand the new rules on drunk driving penalties in one article: 5 minor circumstances exempt from punishment

According to CCTV News, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the "Opinions on Handling Criminal Cases of Drunk and Dangerous Driving", which will come into effect on December 28, 2023. The "Opinions" make it clear that if a person drives a motor vehicle on the road and a breath alcohol content test shows that the blood alcohol content reaches more than 80 mg/100 ml, the public security organ shall decide whether to file a case in accordance with the provisions of the Criminal Procedure Law and this Opinion.If the circumstances are obviously minor, the harm is not great, and the crime is not considered a crime, the case will not be filed.

Among them, the "Opinions" make it clear that drunk driving that falls under one of the five categories of circumstances and does not meet the severe circumstances stipulated in Article 10 of this Opinion can be determined as the circumstances are obviously minor and the harm is not great.

These five types of situations are:

1. The blood alcohol content is less than 150 mg/100 ml;

2. Driving a motor vehicle for emergencies such as first aid to injured or sick persons, and this does not constitute emergency avoidance;

3. Driving a motor vehicle for short distances in residential areas, parking lots and other places to move a vehicle, park into a parking space, etc.;

4. Driving a motor vehicle to a residential area, parking lot or other places for a short distance by another person to take over the driving and parking of the motor vehicle, or driving out of a residential area, parking lot or other place for a short distance in order to be driven by another person;

5. Other circumstances where the circumstances are obviously minor.

The "Opinions" clarify that if a criminal suspect or defendant decides not to prosecute or be exempted from criminal punishment, he or she may be admonished or ordered to repent, apologize, or compensate for losses according to the different circumstances of the case. If administrative penalties or sanctions are necessary, they shall be transferred to the relevant competent authorities for processing.

Blood alcohol content reaches more than 80 mg/100 ml,The public security organ shall give the perpetrator an administrative penalty of revoking the motor vehicle driving license before deciding not to file the case, withdraw the case, or transfer the case for review and prosecution.