- I drove after drinking alcohol on a street in Nerima-ward, Tokyo, and got arrested by a police officer of Hikarigaoka Police Station of the Metropolitan Police Department…
- I was taken by a police officer on suspicion of drink-driving near Arakawa River in Katsushika-ward, Tokyo. I was questioned at Katsushika Police Station of the Metropolitan Police Department…
The Road Traffic Act provides for the criminal punishment for the drink-driving. The Road Traffic Act provides for punishment to a person who drove a car, any person who provided a vehicle or an alcoholic beverage to a person who is likely to drive after drinking, and a passenger.
The Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc. provides for heavier punishment for an accident causing death or injury due to the drink-driving.
1. Punishment to a person who drove after drinking: The Road Traffic Act
Article 65(1) of the Road Traffic Act prohibits the drink-driving. The punishment to a person who drove after drinking is provided dividing into two phases: “Intoxicated driving (sakeyoi unten in Japanese)”, and “driving under the influence (shukiobi unten in Japanese)”.
“Intoxicated driving” means that a person drove a car or streetcar despite of a state that makes it likely for the person to be unable to drive normally due to the influence of alcohol (under the influence of alcohol).
Punishment of “intoxicated driving” is imprisonment with work for not more than 5 years or a fine of not more than 1,000,000 yen (Article 117-2(1) of the Road Traffic Act)
“Driving under the influence of alcohol” indicates that a person drove a vehicle or streetcar with alcohol in their system at or above the level that Cabinet Order prescribes (more than exhaled 0.15ml of alcohol in 1l of breath).
The punishment of “driving under the influence of alcohol” is imprisonment with work for not more than 3 years or a fine of not more than 500,000 yen (Article 117-2(2)(3) of the Road Traffic Act).
▼Summary of Punishment to a Person who Drove after Drinking
| Charged Offense | Criminal Punishment & Statutory Penalty |
| Intoxicated driving | imprisonment with work for not more than 5 years or a fine of not more than 1,000,000 yen (Article 117-2(1) of the Road Traffic Act) |
| Driving under the influence of alcohol | imprisonment with work for not more than 3 years or a fine of not more than 500,000 yen (Article 117-2(2)(3) of the Road Traffic Act) |
2. Punishment to a Person Who Provided for a Vehicle and a Passenger: The Road Traffic Act
The Road Traffic Acts prohibits anyone from providing for a vehicle to a person who is likely to drive after drinking (Article 65(2) of the Act). Any person who violates the prohibition is to be punished. The content of the punishment depends on the state of a person who actually drove a vehicle after drinking.
Anyone cannot provide for an alcoholic beverage to or encourage the consumption of alcohol to a person who is likely to drive after drinking (Article 65(3) of the Act), and a person who violates the prohibition is also to be punished.
The Act prohibits anyone from getting into a vehicle that a drunken driver is driving with the driver knowing that the driver drank alcohol before driving (Article 65(4) of the Act).
▼Summary of Punishment to a Person who Provided for a Vehicle and Passenger
| Charged Offense | Criminal Punishment & Statutory Penalty | |
| Intoxicated Driving | Driving under the Influence of Alcohol | |
| Person who provided for a vehicle | Imprisonment with work for not more than 5 years or a fine of not more than 1,000,000 yen (Article 117-2(2) of the Act) | Imprisonment with work for not more than 3 years or a fine of not more than 1,000,000 yen (Article 117-2(2) of the Act) |
| Passenger and a person who provided for an alcoholic beverage | Imprisonment with work for not more than 3 years or a fine of not more than 300,000 yen (Article 117-2(2) (3) of the Act) | Imprisonment with work for not more than 2 years or a fine of not more than 300,000 yen (Article 117-2(2) (3) of the Act) |
~Defense in Drink-Driving Case~
1. Understanding the Background to Drink-Driving and the Whole Picture of the Case
Where a person is investigated or arrested in the drink-driving case, the person often gets off with a fine as long as he/she is a first offender. However, an offender has a high chance of facing a formal trial even though he/she is a first offender in cases where the breath alcohol concentration is high, the offender caused a fatal accident or didn’t have a driving license. Where an offender repeats the drink-driving and has criminal records or arrest records, there is a possibility that the offender goes into a prison by being sentenced to imprisonment with work.
So, a lawyer shows the appropriate defense policy after examining the backgrounds and motive to the drink-driving, types and amount of alcohol, time since drinking, and other circumstances, and understanding the whole picture of the case. A lawyer who is good at dealing with the drive-drinking case can do consistent defense by asking such lawyer to defend the suspect right after arrest.
2. Getting Decision Not to Prosecute, Reduction of Sentence, and Suspended Sentence
When there is a conflict over the fact of the drink-driving, a lawyer asserts the circumstances in favor of the suspect or accused and aims for a decision not to prosecute or acquittal.
In a case where the suspect or accused accepts the fact of the drink-driving, the lawyer claims mitigating circumstances after scrutinizing the mode, backgrounds, motive, number of times and frequency of a traffic offense, and criminal records. The lawyer persuasively asserts that the environment to prevent recommitment such as cooperation of the family is organized. The circumstances that the suspect or accused sincerely reflects on him/herself and the environment to prevent him/her to commit the drink-driving again could have a major point for gaining the reduction of sentence or suspended sentence.
3. Early Release
When arrested and detained for the drink-driving, a lawyer persuasively argues that there is no risk that the suspect or accused flees or conceal/destroy evidence because he/she reflect on him/herself based on objective evidence. If the suspect or accused is released early, he/she can avoid a long-term absence and easily go back to society.
You can receive the best advice from lawyers who have rich experience in the drink-driving, intoxicated driving, and driving under the influence of alcohol cases at AICHI Criminal Cases Law Firm. Criminal lawyers provide with “the free consultation”. In a case where the suspect is arrested, we also provide for “the first interview service” that our lawyers visit a detention cell where the suspect is detained to have an interview, at the shortest on the day. Please contact us.
