2026-06-17
"Don't drink and drive, don't drive and drink" has long been a social consensus, but with popularization of intelligent assisted driving systems, phrases like "turn on smart driving, close your eyes and get home" have gradually become popular. Can turning on assisted driving after drinking escape punishment? Recently, the Procuratorate of Wuhan East Lake New Technology Development Zone in Hubei Province disclosed a dangerous driving case involving drunk driving using an intelligent assisted driving system, in the driver, surnamed Wang, was sentenced to criminal punishment in accordance with the law. At 2:00 AM on October 18, 2025 Wang drove home after drinking. After setting the navigation route, he turned on the intelligent assisted driving mode and then fell fast asleep in the driver's seat. During the drive, took both hands off the steering wheel, and eventually, the vehicle lost control and came to a stop in the middle of a traffic light intersection on a main city road. The road involved one of the main roads with the highest traffic volume in the jurisdiction. Subsequently, passersby discovered Wang sleeping soundly in the car and hurriedly called the police. When firefighters broke car window, a strong smell of alcohol wafted out. Upon testing, Wang's blood ethanol content was as high as 212.01 mg/10 ml, far exceeding the drunk driving standard. On March 30 this year, the case was transferred to the Wuhan East Lake New Technology Development Zone Procuratorate for review and. After reviewing the case, the handling prosecutor believed that the focus of the dispute in this case was whether Wang could still be legally identified as the "driver" after he turned on intelligent assisted driving system. In response to this, the handling prosecutor consulted the national standard "Classification of Driving Automation for Motor Vehicles", which divides driving automation into six levels from L to L5: L0-L2 (assisted driving) - the driver is always the main driving subject, and the system only provides lateral or longitudinal control assistance under specific circumstances L3 (conditional automated driving) - the main driving subject becomes the system, which can perform all dynamic driving tasks in specific scenarios, but the driver must maintain the ability to over; L4-L5 (highly and fully automated driving) - currently only in the road testing and pilot stage in China, and not open to the general public. Wangs vehicle was equipped with an L2-level assisted driving system, which means that even if the intelligent assisted driving system was working, the legal "driver" was still Wang himself.
"Some people misunderstand assisted driving as an 'electronic designated driver,' letting it drive after drinking and going to sleep themselves. This is not designated, but abandoning the driver's seat." The prosecuting prosecutor further explained that under an L2-level intelligent driving assistance system, the driver must remain attentive and be ready to take the vehicle at any time. However, in a state of intoxication, a person's reaction and judgment abilities are severely impaired, making it fundamentally impossible to fulfill this obligation. Wangs act of using "assisted driving" as a substitute for a "designated driver" essentially violates his own safe driving obligation, posing an immediate and urgent danger to the traffic safety of vehicles, and further threatening the life and property safety of an unspecified number of people, which is of serious social harm.
On April 20 of this year, the Wuhan Lake New Technology Development Zone Procuratorate filed a public prosecution against Wang for the crime of dangerous driving in accordance with the law. On April 30, the court sentenced the Wang to one month and fifteen days of criminal detention for the crime of dangerous driving in accordance with the law, and imposed a fine of 3,000 yuan. (Outlook New Era)
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