Happy New Year, enjoy your drinks, and driving after drinking will be heartbreaking.
With the Spring Festival approaching, it is inevitable for family and friends to gather and drink to celebrate. While enjoying the festivities, everyone must not forget the ironclad rule: "Don't drink and drive, don't drive and drink." This is a matter concerning the life and property safety of oneself and others, as well as the happiness of families.
According to the national standard "Threshold and Test for Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522-2004) issued by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on May 31, 2009, driving with a blood alcohol content of 20 milligrams or more per 100 milliliters but less than 80 milligrams per 100 milliliters (≥20mg/100ml and <80mg/100ml) is considered driving after drinking; driving with a blood alcohol content of 80 milligrams or more per 100 milliliters (≥80mg/100ml) is considered drunk driving. The standard specifies the methods for breath and blood alcohol content testing. For individuals suspected of driving under the influence who refuse to cooperate with breath or blood alcohol tests, the qualitative result of breath alcohol content passively detected by an alcohol breath detector shall be used as the basis for a drunk driving conviction.
Many people may wonder how much alcohol it takes to reach these standards. Relevant experts have made a rough estimate based on the standard: 20mg/100ml is roughly equivalent to one glass of beer; 80mg/100ml is equivalent to 3 liang (150 grams) of low-degree liquor or 2 bottles of beer; 100mg/100ml is roughly equivalent to half a jin (250 grams) of low-degree liquor or 3 bottles of beer. In terms of the specific alcohol proof of liquor, if a person's blood contains 100 milligrams of alcohol per 100 milliliters, the equivalent amounts for different types of alcohol are: 70-proof liquor is about 50 grams; 60-proof liquor is about 75 grams; 50-proof liquor is about 100 grams; 40-proof liquor is about 150 grams, which is the amount in a small glass; Japanese sake is about 500 grams; red wine is about 600 grams; and beer is about 3 bottles or 6 cans.
Recently, the Ministry of Public Security and the China Insurance Regulatory Commission jointly issued a notice, deciding to implement a system linking floating rates for compulsory traffic accident liability insurance for motor vehicles to violations of drunk driving regulations, effective from March 1, 2010. The specific floating standards will be determined by local authorities based on actual conditions. The notice requires that local insurance bureaus and provincial public security departments, based on full calculation and demonstration, shall specify the rate increase standards for violations of driving after drinking and drunk driving within the floating range for compulsory traffic accident liability insurance rates determined by the Ministry of Public Security and the CIRC. Among them, the rate increase for one violation of driving after drinking is controlled between 10% and 15%, and for one violation of drunk driving, it is controlled between 20% and 30%. The cumulative rate increase shall not exceed 60%.
Implementing the system linking drunk driving to compulsory motor vehicle insurance rates will increase the cost of drunk driving violations. It is an important measure to punish drunk driving violations through legal, administrative, and economic means, and it is also a crucial system for establishing a long-term mechanism for strict management of drunk driving and preventing it from occurring.
In addition to higher insurance premiums in the future, drunk driving also involves severe administrative penalties. Causing a traffic accident while drunk driving will lead to criminal liability, with lighter cases resulting in administrative detention and more severe cases resulting in imprisonment or even the death penalty.
Article 91 of the "Road Traffic Safety Law of the People's Republic of China" stipulates: For driving a motor vehicle after drinking, the driver's license shall be temporarily confiscated for a period of not less than one month but not more than three months, and a fine of not less than 200 yuan but not more than 500 yuan shall be imposed. For driving a motor vehicle while intoxicated, the traffic management department of the public security organ shall take measures to restrain the driver until they are sober, impose detention for not more than 15 days and temporary confiscation of the driver's license for a period of not less than three months but not more than six months, and impose a fine of not less than 500 yuan but not more than 2,000 yuan. If a person commits the acts of drunk driving as stipulated in the preceding two paragraphs twice or more within one year and is penalized, the driver's license shall be revoked, and the person shall not be permitted to drive commercial vehicles for five years. According to the "Provisions on the Application for and Use of Motor Vehicle Driver's Licenses" and Appendix III "Scoring Criteria for Road Traffic Safety Violations": Driving a motor vehicle after drinking results in 6 penalty points; driving a motor vehicle while intoxicated results in 12 penalty points. The revised "Provisions on the Application for and Use of Motor Vehicle Driver's Licenses" and Appendix III "Scoring Criteria for Road Traffic Safety Violations" by the Ministry of Public Security, which will take effect on April 1, 2010, further increases the penalty for driving a motor vehicle after drinking, as well as for reversing, driving against traffic, or making U-turns on a highway, and for using forged or altered motor vehicle license plates, from 6 penalty points to 12 penalty points for a single violation.
Article 133 of the "Criminal Law" stipulates that anyone who violates traffic and transportation management regulations, thereby causing a major accident that results in serious injury or death to another person or causes significant damage to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If a person flees the scene of a traffic accident after it has occurred or has other especially serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If a person flees the scene and causes the death of another person, they shall be sentenced to fixed-term imprisonment of not less than seven years.
The Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Adjudication of Criminal Cases of Traffic Accidents" (No. [2000] 33 Fa Shi, issued on November 15, 2000) stipulates: For a person who drives a motor vehicle after drinking or taking drugs and causes serious injury to one or more persons and bears full or primary responsibility for the accident, they shall be convicted and punished for the crime of causing a traffic accident.
The "Notice of the Supreme People's Court on Issuing the Guiding Opinions on the Legal Application Issues of Drunk Driving Crimes and Related Typical Cases" (No. [2009] 47 Fa Fa, issued on September 11, 2009) clarifies: According to the Criminal Law, a person who commits a crime while intoxicated shall bear criminal responsibility. If a person knowingly violates the law by driving after drinking and that drunk driving endangers public safety, yet disregards the law and drives drunk, especially if they continue to drive and crash after an accident, causing significant casualties, it indicates that the person subjectively holds an attitude of reckless disregard for the continuous harmful consequences and has the intent to endanger public safety. For such drunk driving cases causing significant casualties, they shall be convicted of the crime of endangering public safety by dangerous means in accordance with the law. According to Article 115, Paragraph 1 of the Criminal Law, anyone who commits the crime of endangering public safety by dangerous means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Happy New Year, enjoy your drinks, and driving after drinking will be heartbreaking. For your safety and the safety of others, for the harmony and happiness of your family and others' families, always remember "Don't drink and drive, don't drive and drink"!!!