Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Driving a Motor Vehicle while Intoxicated 

· Document Number：No. 15 [2013] of the Supreme People’s Court

· Area of Law： Criminal Law

· Level of Authority： Documents of Judicial Interpretation Nature

· Date issued：12-18-2013

· Effective Date：12-18-2013

· Status： Effective

· Issuing Authority： Supreme People's Court Supreme People's Procuratorate Ministry of Public Security

Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Driving a Motor Vehicle while Intoxicated
(No. 15 [2013] of the Supreme People's Court)
The higher people's courts, the people's procuratorates, and the departments (or bureaus) of public security of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court and the Military Procuratorate of the People's Liberation Army; the Security Section of the General Political Department of the People's Liberation Army; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region; and the People's Procuratorate and the Public Security Bureau of Xinjiang Production and Construction Corps:
Since the implementation of the Amendments (VIII) to the Criminal Law of the People's Republic of China, by strict law enforcement, a number of criminal cases of driving a motor vehicle while intoxicated has been investigated and punished, with satisfactory legal and social effects. To ensure the correct and uniform implementation of the law, legally punish the crimes of driving a motor vehicle while intoxicated, and protect the public security and life and property safety of the people, after in-depth investigation and research and extensive solicitation of opinions, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have developed the Opinions on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Driving a Motor Vehicle while Intoxicated, which are hereby issued to you. Please carefully study and effectively implement the Opinions. Please report any problems encountered during the implementation to the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security through each level in a timely manner.
Supreme People's Court
Supreme People's Procuratorate
Ministry of Public Security
December 18, 2013
Opinions on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Driving a Motor Vehicle while Intoxicated
In order to ensure the correct and uniform implementation of the law, legally punish the crimes of driving a motor vehicle while intoxicated, and protect the public security and life and property safety of the people, these Opinions are developed in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law and in consideration of the practices of investigation, prosecution, and trial.
I. Whoever drives a motor vehicle on road with his or her blood alcohol content reaching 80 mg per 100 ml or more shall be deemed to be driving a motor vehicle while intoxicated and be punished for the crime of dangerous driving in accordance with paragraph 1 of Article 133A of the Criminal Law.
The terms “road” and “motor vehicle” as mentioned in the preceding paragraph shall be governed by the relevant provisions of the road traffic safety law.
II. Whoever drives a motor vehicle while intoxicated under any of the following circumstances shall be sentenced to a heavier punishment in accordance with paragraph 1 of Article 133A of the Criminal Law:
(1) The person has caused a traffic accident and assumes all or the principal liability for the accident, or has escaped after causing the accident, which does not constitute any other crime.
(2) The person's blood alcohol content reaches 200 mg per 100 ml or more.
(3) The person drives a motor vehicle on an expressway or urban expressway.
(4) The person drives a commercial motor vehicle with passengers.
(5) The person drives a motor vehicle by seriously exceeding the specified capacity for passengers or goods or the speed limit, drives a motor vehicle without the qualification to drive the motor vehicle, uses any forged or altered motor vehicle plate or license, or otherwise seriously violates the road traffic safety law.
(6) The person evades the inspection conducted by the public security authority in accordance with the law, or refuses or obstructs the inspection conducted by the public security authority in accordance with the law, which does not constitute any other crime.
(7) The person once received an administrative punishment or criminal punishment for driving a motor vehicle after drinking alcohol.
(8) Any other circumstances warranting a heavier punishment.
III. Whoever drives a motor vehicle while intoxicated and obstructs by violence or threat the inspection conducted by the public security authority in accordance with the law, which constitutes the crime of obstructing official business or any other crime, shall be punished in accordance with the provisions on joinder of penalties for plural crimes.
IV. Where the defendant charged with driving a motor vehicle while intoxicated is sentenced to a fine, the amount of the fine appropriate for the principal penalty shall be determined based on the defendant's degree of intoxication, whether any actual harm has been caused, the defendant's confession and repentance, and other circumstances.
V. When a public security authority investigates a criminal suspect of driving a motor vehicle while intoxicated, it shall keep a record of the processes of capture, breath alcohol testing, and blood sample taking; where conditions permit, it shall take photos, and make audio or visual records; and, if there are any witnesses, it shall collect the statements of witnesses.
VI. The expert opinion from the blood alcohol content testing is the basis for determining whether the criminal suspect is intoxicated. If the criminal suspect reaches the intoxication standard as prescribed in paragraph I of these Opinions in the breath alcohol testing but escapes before his or her blood sample can be taken, the breath alcohol testing result may serve as the basis for determining his or her intoxication.
Where a criminal suspect drinks alcohol again before the breath alcohol testing is conducted or the blood sample is taken during the inspection conducted by the public security authority in accordance with the law to evade the investigation of his or her legal liability, if, upon testing, his or her blood alcohol content reaches the intoxication standard as prescribed in paragraph I of these Opinions, the criminal suspect shall be determined as intoxicated.
VII. When the criminal cases of driving a motor vehicle while intoxicated are handled, the relevant provisions of the criminal procedure law shall be strictly implemented, the procedural rights of the criminal suspects and defendants shall be practically protected, and investigation, prosecution, and trial shall be conducted in a timely manner during the statutory periods.
A criminal suspect or defendant charged with driving a motor vehicle while intoxicated may be detained or granted bail to await trial depending on the circumstances of the case. If the conditions for awaiting trial on bail are met, but the criminal suspect or defendant can neither provide a surety nor pay a bond, he or she may be subject to residential confinement. If the criminal suspect or defendant violates the provisions on awaiting trial on bail or residential confinement, and the circumstances of the violation are serious, the criminal suspect or defendant may be arrested.