[Direct answer]Whether a drunk driving case will leave a criminal record depends on whether the person is convicted by the court. Anyone who drives a motor vehicle on the road with a blood alcohol concentration of more than 80 milligrams per 100 milliliters commits the crime of dangerous driving as stipulated in Article 133 of the Criminal Law of the People's Republic of China. Those who are sentenced to detention and fined will have a criminal record. According to Article 100 of the Criminal Law of the People's Republic of China, when enlisting in the military or seeking employment, they have the obligation to report the truth, and this obligation cannot be eliminated at present. However, if the circumstances are particularly minor and are not treated as a crime, or if the procuratorate decides not to prosecute according to law, there will be no criminal record without a court verdict of guilt. The "Opinions on Handling Criminal Cases of Drunk Driving" issued in December 2023 further clarify the standards for exoneration and leniency. Those who have been investigated should seek legal assistance as soon as possible.Criminal defense and legal services for criminal case filingThe lawyer assesses the scope for defense.

I. Problem background and typical scenarios

The driving-for-hire industry has become very popular, but the number of drunk driving cases is still high. It's common to see people driving after drinking at parties, driving on the road before their alcohol has been metabolized, or being caught moving their cars in residential areas. After being caught, the most concerned issue for the parties involved is not the months of detention, but the criminal record: whether it will follow them for life, affect their current jobs, prevent their children from applying to military academies, police academies, or civil service positions, or affect their visa applications and loans. Moreover, family members, in their panic, may fall prey to scams involving "paying to erase criminal records", causing secondary harm. Whether a criminal record will be left depends on the final outcome of the case: those who are convicted and sentenced will have their records left, while those who are not prosecuted or dealt with as criminals will not. This is precisely the window of opportunity that defense lawyers need to strive for.

II. Key points of contention

  • The boundary between guilt and non-guilt: The blood alcohol content value is the basis, but if it is less than 150 milligrams per 100 milliliters and there are no aggravating circumstances, it may be identified as a case with significantly minor circumstances and little harm, and will not be treated as a crime according to the "Opinions on Handling Criminal Cases of Drunk Driving" in 2023; there is also room for individual judgment in special circumstances such as moving the car a short distance and having alcohol in the body overnight.
  • The difference between non-prosecution and exemption from punishment after conviction: The penal consequences of the two are completely different — non-prosecution means acquittal and no criminal record; even if the defendant is exempted from criminal punishment after conviction, he or she has already committed a crime and has a criminal record. When striving for a favorable outcome, "non-prosecution" should be the priority goal rather than settling for a light sentence.
  • The scope and sealing of criminal records: Adults' criminal records are not sealed or erased; only minors who were under the age of 18 at the time of the crime and were sentenced to imprisonment of not more than five years shall have their criminal records sealed in accordance with Article 286 of the Criminal Procedure Law of the People's Republic of China. Where is the boundary of the impact of criminal records, and which positions will query them? We need to have an objective understanding and avoid excessive panic.

III. Professional analysis by Henglue Lawyers

恒略律师在刑事辩护实务中的观察是：醉驾案件的辩护空间集中在三个环节。第一是程序与证据：血样提取、封装、送检、鉴定各环节是否规范，呼气测试数值与血检数值是否一致，存在程序瑕疵或数值临界时，认定基础可能动摇。第二是情节认定：发生事故、逃逸、抗拒检查、载运乘客、二次醉驾、在高速路上驾驶等从重情节，与坦白、认罪认罚、初犯、悔罪等从宽情节的此消彼长，直接决定处理档次。第三是处理路径：符合出罪标准的争取撤案或不起诉；达不到的，通过认罪认罚争取缓刑或轻判。值得提醒的是，案件在侦查与审查起诉阶段的可塑空间远大于审判阶段，家属在拘留之初就委托律师介入，才赶得上争取不起诉的黄金期；等到判决落地再想「消案底」，已无合法路径。

IV. Practical suggestions and legal basis

Law-based aspects: Article 133 of the Criminal Law of the People's Republic of China stipulates that anyone who drives a motor vehicle while intoxicated on a road shall be detained and fined; Article 100 of the Criminal Law of the People's Republic of China stipulates that those who have been subject to criminal punishment in accordance with the law shall truthfully report their criminal records when enlisting in the military or seeking employment; Article 91 of the Road Traffic Safety Law of the People's Republic of China stipulates that anyone who drives a motor vehicle while intoxicated shall be detained by the traffic management department of the public security organ until they sober up, have their driving license revoked, be subject to criminal prosecution in accordance with the law, and not be eligible to obtain a driving license for five years; Article 177 of the Criminal Procedure Law of the People's Republic of China stipulates that the non-prosecution system shall be applied; Article 286 of the Criminal Procedure Law of the People's Republic of China stipulates that the criminal records of minors shall be sealed. The "Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated" (issued in December 2023) clarify the specific standards for applying the principle of combining leniency with severity. Practical advice: After being investigated, cooperate with breath and blood sample tests, truthfully state the time, location, and amount of alcohol consumption; if you have any objections to the test results, raise them on the spot and request a review; hire a lawyer as soon as possible to verify the evidence chain and assess the possibility of acquittal or lenient punishment; if you plead guilty and accept the punishment, strive for the best sentencing recommendations with the lawyer's participation.

5. Henglue Law Firm's Reminder

The consequences of drunk driving include criminal liability, license suspension, professional restrictions, and a criminal record. Currently, there are no legal channels to erase a criminal record. Anyone claiming to "pay to erase a criminal record" or "internally delete records" is a scam. Do not fall for it. If you are deceived, please report it to the police immediately. The real remedial window is before conviction: for cases with borderline scores and minor circumstances, strive to avoid criminal prosecution or non-prosecution; for those who have been sentenced, focus on fulfilling fines, cooperating with probationary periods, and rationally managing the impact on future employment and political reviews. For those who face unit penalties or labor contract terminations due to drunk driving records, they can also take corresponding measures.Labor arbitration and legal services for work-related injury compensationEvaluate the relief. For related criminal issues, please refer to the following sources for further information:Criminal defense and legal services for criminal case filingor throughBeijing Henglu Law FirmConsultation and evaluation.

Q1: If someone is sentenced to detention for drunk driving, will the criminal record stay with them for the rest of their life?

Yes. Detention is a criminal punishment, and if a person is sentenced to detention by the court for dangerous driving, even if the sentence is only one or two months or even subject to probation, it still constitutes a criminal offense, and the criminal record will be kept for a long time. According to Article 100 of the Criminal Law of the People's Republic of China, people who have been subject to criminal punishment should truthfully report their criminal records when enlisting in the military or seeking employment; they may also be subject to verification during the recruitment of civil servants, military service, lawyer practice, and teacher qualification authentication. At present, there is no system of eliminating or sealing criminal records for adults in China. Only minors who were under the age of 18 at the time of the crime and were sentenced to imprisonment of not more than five years may have their criminal records sealed in accordance with Article 286 of the Criminal Procedure Law of the People's Republic of China. Therefore, after drinking alcohol, it is necessary to give up the mentality of taking risks, and those who have been involved in litigation should strive to resolve the matter before being convicted.

Q2: How much alcohol and how far is considered drunk driving?

Determine based on numerical values rather than subjective feelings: Driving while intoxicated refers to a blood alcohol content of more than 80 milligrams per 100 milliliters, while driving under the influence refers to a blood alcohol content of more than 20 milligrams per 100 milliliters but less than 80 milligrams per 100 milliliters. As long as you are driving a motor vehicle while intoxicated on the road, you may be guilty of dangerous driving, regardless of the length of the journey. Situations such as moving a car on a residential road, driving short distances at night, or having unmetabolized alcohol in your body after a night of drinking may also be subject to inspection. To determine whether you can drive, you should comprehensively evaluate factors such as the time of drinking, the amount of alcohol consumed, and your own metabolic capacity. It is safer to refrain from driving within 24 hours after drinking. If you have objections to the breathalyzer test results after being inspected, you should raise them on the spot and cooperate with the re-examination of the blood sample. If you have objections to the blood test conclusions, you should promptly verify whether the extraction and testing procedures are standard with the assistance of a lawyer.

Q3: If the procuratorate decides not to prosecute, will there still be a criminal record?

There will be no criminal record. According to Article 12 of the Criminal Procedure Law of the People's Republic of China, no one shall be determined guilty without a judgment by the people's court according to law; if the procuratorate makes a decision not to prosecute, the case will not enter the conviction process, and the perpetrator is legally innocent, without a criminal record. However, there are three points that need to be objectively recognized: First, information such as criminal case filing and compulsory measures will be kept within the case-handling organs, and may be inquired by certain units during political reviews; Second, if a person is not prosecuted for drunk driving, the public security organ may still impose administrative penalties such as revoking the driving license in accordance with Article 91 of the Road Traffic Safety Law of the People's Republic of China. Although administrative penalties are different from criminal records, they objectively exist; Third, if the perpetrator commits harmful acts again in the future, the relevant records may be used as reference for the determination of circumstances. Striving for non-prosecution is a goal of substantial value.

Q4: Will a criminal record for drunk driving affect a person's children when they apply for college, join the military, or become a civil servant?

It may affect certain stages. If a direct family member has been subject to criminal punishment, the child may be deemed unqualified or restricted during the political review process when applying to military academies, police academies, enlisting in the military, applying to public security organs, national security organs, and confidential positions; general colleges and universities and most enterprises usually do not check parents' criminal records. Political review standards vary by region, unit, and year, so it's impossible to generalize them, and there's no need to panic excessively. Parents with such plans are advised to review the political review provisions in the recruitment announcements in advance and, if necessary, directly consult the recruiting units to confirm the scope; for those involved in drunk driving cases, it's best to hire a lawyer as soon as possible to assess whether they can seek non-prosecution or other favorable outcomes, thereby reducing the impact at the source. It's also important not to trust so-called "internal operation" channels blindly.

Q5: After being caught for drunk driving, how can one strive for the best possible outcome?

There are three key points to grasp. First, entrust a lawyer to intervene as soon as possible: verify whether the extraction, packaging, storage, and submission of blood samples, as well as the appraisal process are legal and compliant. Inaccurate test results and procedural flaws may affect the case determination. Second, make a truthful statement and plead guilty and accept punishment: According to Article 15 of the Criminal Procedure Law of the People's Republic of China, if a person voluntarily makes a truthful statement about his/her own crime, admits the facts of the crime charged, and is willing to accept punishment, he/she may be given lenient treatment according to law. First-time offenders, confessions, and repentance will be comprehensively evaluated. Third, assess the possibility of acquittal: If the blood alcohol content is less than 150 milligrams per 100 milliliters and there are no aggravating circumstances, it may be determined as a case with significantly minor circumstances and not be treated as a crime. Efforts should be made to withdraw the case or seek non-prosecution rather than passively waiting for a verdict.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, in order to avoid missing the statutory time limits. →Criminal defense legal services·Beijing Henglue Law Firm