Best Drunk Driving Lawyers in Shenzhen

About Drunk Driving Law in Shenzhen, China

Drunk driving is taken very seriously in Shenzhen, China, and the laws reflect this stance with stringent penalties. Chinese law delineates between drunk driving (醉驾) and driving under the influence (DUI, driving after drinking alcohol - 饮酒驾车). Drunk driving refers to the more serious offense where the blood alcohol concentration (BAC) is higher, and it carries more severe punishments. Enforcement of these laws is strict, with regular checkpoints and harsh consequences, ranging from fines and license suspension to imprisonment.

Why You May Need a Lawyer

Legal representation can be critical in drunk driving cases for several reasons. If charged with a drunk driving offense, a lawyer can help navigate the complex legal system, negotiate penalties, and ensure that the rights of the accused are protected. Legal assistance is particularly beneficial in cases where the charges may be disputable, or where the individual has previous offenses. A lawyer can also offer guidance on how to address charges to minimize the negative impact on the accused’s future, including employment opportunities and travel possibilities.

Local Laws Overview

The key aspects of drunk driving laws in Shenzhen include a strict threshold for BAC, which is lower than in many Western countries. The penalties for drunk driving can include fines, detention, and the revocation of driving rights. Being caught with a BAC that falls within the range designated as driving after drinking can result in a temporary driving suspension and hefty fines. If the BAC is above the higher threshold for drunk driving, this is considered a criminal offense and can lead to imprisonment. Traffic law enforcement in Shenzhen also employs a system of demerit points which can accumulate and result in additional sanctions, such as driving bans.

Frequently Asked Questions

What is the legal BAC limit for driving in Shenzhen?

The legal BAC limit in Shenzhen is 0.02% for regular drivers. For commercial drivers, the limit is set at 0%. Penalties escalate as BAC increases.

What are the penalties for first-time drunk driving offenders?

First-time offenders caught driving under the influence face severe penalties, which may include fines, detention, driver’s license suspension, and educational measures. The exact punishment depends on BAC levels and specific law enforcement protocols at the time of the offense.

Can I refuse a breathalyzer test in Shenzhen?

Refusing a breathalyzer or blood test when law enforcement suspects drunk driving is against the law and will typically lead to the same or even harsher punishments as failing the test.

How does Shenzhen deal with drunk driving accidents causing injury or death?

Drunk driving that results in accidents with injuries or fatalities is dealt with very severely under Chinese law. It is considered a criminal offense, and those found guilty can face long-term imprisonment, large fines, and possible lifetime driving bans.

What should I do if I'm arrested for drunk driving in Shenzhen?

If you are arrested for drunk driving, it is crucial to comply with police instructions and seek legal assistance immediately. A lawyer can advise you on your rights and the best course of action.

Is there a difference between drunk driving and driving under the influence in Shenzhen?

Yes, there is a distinction between drunk driving (醉驾) with higher BAC levels and driving under the influence (DUI, driving after drinking alcohol - 饮酒驾车) with BAC levels that are lower but still illegal. The penalties for each are different, with drunk driving being the more severe offense.

Are expatriates or tourists subject to different drunk driving laws?

Expatriates and tourists are subject to the same laws as locals when it comes to drunk driving. The law enforces penalties irrespective of nationality, and foreigners should be especially cautious as navigating the legal system might be more challenging.

How long can a driving license be suspended for drunk driving?

A driving license suspension for drunk driving can range from 6 months to several years, depending on the severity of the offense and if there are previous violations.

Can I get my drunk driving record expunged in Shenzhen?

Expunging a drunk driving record is difficult in China. Legal processes in such cases are meticulous, and it's best to discuss individual circumstances with a qualified attorney.

Are there any rehabilitation or education programs for drunk driving offenders?

Chinese law often mandates educational programs for drunk driving offenders to increase awareness of the dangers and consequences of drunk driving. Participation in these programs might sometimes be a part of the sentence.

Additional Resources

Individuals seeking assistance with drunk driving charges can turn to various resources in Shenzhen. The Shenzhen Traffic Police offers updated information on traffic laws and regulations. Local legal aid organizations can provide guidance and support to those in need of legal advice. Additionally, the Chinese legal system also allows for the appointment of state-approved defense attorneys in criminal cases, including those involving drunk driving.

Next Steps

If you require legal assistance for a drunk driving charge in Shenzhen, the first step is to contact a reputable local attorney who specializes in traffic law. It is important to act promptly, given the swift proceedings of traffic cases in China. Gather all relevant documents and information about the incident and be prepared to discuss the specifics with your lawyer to facilitate an effective defense strategy.