Where a person drives a motor vehicle on the road with his or her blood alcohol content (BAC) level of 80 milligrams per 100 milliliters (80mg/100ml) or higher upon a breath test, he/she may be considered criminally liable.
On 13 Dec. 2023, China’s 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 the Criminal Cases of Dangerous Driving While Intoxicated” (关于办理醉酒危险驾驶刑事案件的意见, hereinafter the “Opinions”).
The highlights of the Opinions are as follows.
- Where a person drives a motor vehicle on the road with his or her BAC of 80mg/100ml or higher upon breath alcohol tests, it will be considered drunk driving, and the police authorities may initiate criminal investigations.
- The determination of whether a suspect is intoxicated will be based primarily on the BAC test results.
- Criminal suspects or defendants charged with the crime of driving while intoxicated may be legally detained or granted bail pending trial, depending on the specific circumstances of the case.
Contributors: CJO Staff Contributors Team
