Starting from December 28, the "Opinions on Handling Criminal Cases of Drunk and Dangerous Driving" (hereinafter referred to as the "Opinions") will be officially implemented.According to the person in charge of the relevant department, the "Opinions" further unify law enforcement and judicial standards, focus on solving the problem of insufficient uniformity of law enforcement and judicial standards and uneven handling of drunk driving cases in various regions, and unify standards for administrative penalties, criminal filing, prosecution, sentencing, etc. to ensure more standardized law enforcement and justice.
For example, the "Opinions" reiterate the standard for drunkenness with a blood alcohol content of 80 mg/100 ml, clarify the specific standards and circumstances under which the circumstances are obviously minor, minor, and generally inapplicable to probation, and stipulate the starting point and range of fines.
It should be noted that the previous "new drunk driving standards" will be implemented from March 1, 2024, and the official interpretation stated that this standard does not involve the determination of "drunk driving".
This standard stipulates the testing methods for ethanol, methanol, n-propanol, acetone, isopropanol and n-butanol in blood and urine. It is the basis for laboratory qualitative and quantitative analysis evaluation and quality control. It does not involve the determination threshold of "drunk driving" or "drunk driving".
According to reports, the standards for determining drunk driving are based on the regulations in the "Thresholds and Inspections of Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522-2010) jointly issued by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China and the National Standardization Administration of China on January 14, 2011.
The standard clarifies that driving after drinking refers to the driving behavior in which the alcohol content in the blood of the vehicle driver is greater than or equal to 20mg/100ml and less than 80mg/100ml. Drunk driving refers to the driving behavior in which the alcohol content in the blood of the vehicle driver is greater than or equal to 80mg/100ml.