Since 2011, the number of cases of dangerous driving crimes concluded by courts nationwide has been increasing year by year. By 2019, the number of dangerous driving crimes had reached 319000, ranking first among criminal offenses. Every year, branding over 300000 people as "criminals" is bound to put tens of thousands of families in dire straits.

In the years leading up to the crime of dangerous driving, all individuals who were intoxicated to a level of 80 milligrams per 100 milliliters were subject to criminal punishment without exception. However, in practice, there are many cases of drunk driving with minor circumstances and no harmful consequences, such as alcohol content just exceeding the registration standards, short distance driving, or moving a car within one's own community. These behaviors are also targeted as criminal offenses, causing many law-abiding citizens to lose their jobs, disrupt family order, and affect their children's education and employment. Throughout the crimes of dangerous driving that have been sentenced, most of them have not caused harmful consequences, and the parties involved have maintained a certain level of caution and rationality. But due to a moment of luck or confidence, they were labeled as criminals, and some even ended up with a bright future. Therefore, some experts and scholars call for the crime of dangerous driving to be treated differently based on specific circumstances, and not to impose penalties on all. For behaviors that pose little social harm, they can be treated with leniency or mitigation, giving the parties involved a chance to repent and start anew.

In recent years, various provinces have issued some normative documents, and the punishment for dangerous driving crimes has become lighter and more lenient. The specific conviction and sentencing have also gradually become more flexible. If some provinces stipulate that the alcohol content does not exceed 120 milligrams per 100 milliliters and does not cause harmful consequences, no prosecution can be filed. After accumulating some practical experience in various provinces, the "Opinions on Handling Criminal Cases of Drunk and Dangerous Driving" jointly formulated by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice began to be implemented on December 28, 2023. This judicial interpretation implements the criminal policy of balancing leniency and severity, and treats drunk driving behavior in different situations differently. When lenient, it is lenient, and when strict, it is strict.

In terms of width, drunk driving behavior with significantly minor circumstances and minimal harm is not considered a crime: for example, if the blood alcohol content is less than 150 milligrams/100 milliliters; Driving a motor vehicle in emergency situations such as first aid for injured or sick individuals, which does not constitute emergency evacuation; Driving motor vehicles over short distances in residential areas, parking lots, and other places due to moving or parking. These behaviors generally do not pose a threat to public safety and there is no need for criminal punishment.

However, it is also necessary to recognize that drunk driving has potential and even significant harm to public safety, and cannot be dealt with lightly. In terms of strictness, this judicial interpretation stipulates 15 situations of drunk driving that are subject to heavier punishment. It mainly refers to drunk driving behavior with malicious circumstances or causing harmful consequences, including those who cause traffic accidents and bear all or the main responsibility for the accident; Escape after causing a traffic accident; Driving a car without obtaining a motor vehicle driving license; Serious overcrowding, overloading, and speeding; Driving on highways and other situations. These drunk driving behaviors either have already caused harmful consequences, or there is a high possibility of causing harmful consequences, so it is necessary to crack down severely.

In summary, the new judicial interpretation reflects the criminal policy of balancing leniency and severity, which not only severely punishes drunk driving behavior that seriously endangers public safety, but also acquits or mitigates drunk driving behavior that is understandable and has minor circumstances. Finally, I would like to remind everyone not to drink or drive.