A new standard for drunk driving! It will be implemented from March 1 next year
Since the "criminalization of drunk driving", "drinking without driving, driving without drinking" has become well-known and deeply rooted in the hearts of the people. Since the issuance and implementation of the public safety industry standard "Headspace-gas chromatography test method for ethanol, methanol, n-propanol, acetaldehyde, acetone, isopropanol and n-butanol in biological samples in blood and urine" (GA/T 1073-2013), it has provided a technical basis for the detection of blood alcohol content of motor vehicle drivers.
On the basis of further enriching and optimizing the industry-standard detection and analysis methods and refining and improving the relevant technical requirements, the National Criminal Technology Standardization Technical Committee (SAC/TC179) organized and formulated the national standard "Ethanol, methanol, n-propanol, acetone, isopropanol and n-butanol testing in blood and urine" (GB/T 42430-2023), which will further support the implementation of laws and mandatory national standards, and provide standard methods for various identification institutions to carry out blood alcohol content testing technical work. At the same time, the national standard can be applied to five alcohols and acetone poisoning, death testing, medical emergency testing, scientific research and other broader scenarios. The standard will be implemented from March 1, 2024.
DUI standards
In order to effectively prevent and curb the occurrence of alcohol-related road traffic accidents and create a safe and orderly road traffic environment for the people, the Eighth Amendment to the Criminal Law of the People's Republic of China stipulates that from May 1, 2011, drunk driving will be written into the criminal law. According to the relevant provisions of the Road Traffic Safety Law of the People's Republic of China, the alcohol content of each 100 ml of blood is greater than or equal to 20 mg and less than 80 mg per 100 ml is considered to be driving after drinking; A blood alcohol content greater than or equal to 80 mg per 100 ml is considered drunk driving.
Penalty standards
Driving under the influence of alcohol
Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for 6 months and shall be fined between 1,000 and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking alcohol, and drives a motor vehicle after drinking alcohol again, shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have his motor vehicle driver's license revoked.
Drunk driving
Those who drive a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until they wake up drunk, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; You are not allowed to re-obtain a motor vehicle driver's license for 5 years.
Drunk driving causes traffic accidents
According to Article 91 of the Road Traffic Safety Law of the People's Republic of China, if a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, which constitutes a crime, criminal responsibility shall be pursued according to law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain a motor vehicle driver's license for life.
According to Article 133 of the Criminal Law of the People's Republic of China, whoever violates the laws and regulations on transportation management and thus causes a major accident, causing serious injury or death or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a transportation accident or has other particularly egregious circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.