Zhu Yuan

Severity of drunken driving is in the blood

By Zhu Yuan (China Daily)
Updated: 2011-05-18 07:46

In response to the debate resulting from this statement, the SPC issued a document to lower level courts this week, telling them to use caution in their trial of drunken driving cases and requiring them to report the first couple of convictions to higher level courts and finally to the SPC, so it can further study the better implementation of the law.

It is right and sensible for the SPC to study such cases to see how the new stipulation of the Criminal Law is being implemented. It will certainly take time to see whether its enforcement has reduced the number of drunken driving.

Yet, such vague expressions as "use enough caution and get to know whether the drunken driving is severe enough" have caused some concern about how seriously the courts will punish offenders.

The question is whether this newly established criminal offence really means what it says.

If it does, I don't think there is a question as to degrees of severity for drunken driving. Drunken driving can only be judged by the amount of alcohol in the driver's blood.

There is no other way I can think of to determine the degree of drunken driving.

If driving while intoxicated is divided into severe and not severe, it will likely lead to too wide a range of interpretations by judges, or to the scenario that only those drunken drivers who cause death or injury will be criminally punished.

Too large a room of discretion for judges will make it possible for them to exploit it for personal gain. Some drunken driving offenders may use their money or influence to escape due punishment.

If this is the case, the new crime written into the Criminal Law will lose the power of deterrence that was originally intended. It will fail to stop potential drunken drivers from drinking, as they will know they will not be brought to court unless they cause an accident or injure or even kill someone.

But if anything, this new offence in its literal meaning is crystal clear to all.

The worry that thousands of drivers may be jailed is not justified. On the one hand, we don't have that many traffic police officers to check every driver on the road.

And on the other hand, most drivers should heed the lesson of their convicted counterparts and abstain from drinking before taking the wheel.

The author is a senior writer of China Daily. E-mail: zhuyuan@chinadaily.com.cn

(China Daily 05/18/2011 page8)