China's Supreme Court Clarifies Criminal Liability for Drunk Drivers Using Intelligent Driving Systems

[Judicial Policy] China's Supreme People's Court has clarified that drivers who activate driver-assistance functions while intoxicated remain criminally liable.

Core Principle: Drivers Are Always Primarily Responsible for Road Safety

The Supreme People's Court emphasized in its work report dated March 9, 2026, that even when driver-assistance systems are engaged, the driver must maintain continuous supervision throughout the journey. Operating a vehicle while intoxicated constitutes the crime of dangerous driving.

Key Data: Blood Alcohol Concentration Over 80 mg/100ml Triggers Criminal Charges

According to Guiding Case No. 271, a blood alcohol concentration (BAC) of 80 mg/100ml or higher is legally considered drunk driving. In typical cases cited, Wang Mouqun had a BAC of 114.5 mg/100ml, and Sun Moudi reached 119 mg/100ml—both were convicted of dangerous driving.

Strategic Foundation: Technology Cannot Replace Legal Accountability

The court explicitly stated that driver-assistance systems cannot serve as legal operators of vehicles. Using unauthorized devices such as so-called "smart-driving gadgets" to evade alcohol monitoring does not affect the determination of criminal liability.