OSAKA - Japan began applying a new numerical alcohol threshold for dangerous driving offenses on July 21, introducing a clearer standard for cases involving impaired driving that could lead to fatal accidents.
Osaka Prefectural Police conducted a sobriety checkpoint shortly after midnight on July 21 to coincide with the revised law taking effect.
The offense of causing death or injury through dangerous driving carries a maximum sentence of 20 years in prison. However, its requirements have long been criticized as vague, including wording that refers to a person being unable to drive normally because of alcohol.
Whether the dangerous driving charge is applied can significantly affect sentencing, and many victims and bereaved families seeking severe punishment have struggled with the uncertainty surrounding such cases.
Under the newly introduced numerical standard, a breath alcohol concentration of at least 0.5 milligrams per liter is considered a threshold for dangerous driving.
No motorists were found violating the law during the July 21 checkpoint, but officers stopped a male cyclist who smelled of alcohol. Although his breath alcohol concentration was below 0.5 milligrams per liter, officers conducted additional checks, including an examination of his ability to walk, and later determined that he had been riding under the influence.
"Some people may be severely intoxicated even when their breath alcohol concentration does not reach 0.5 milligrams per liter," said Shinichi Izumi, acting head of the traffic division at Fuse Police Station.
Asked whether the numerical standard could restrict police investigations, Izumi said, "It is difficult to say, but having 0.5 milligrams per liter as an initial benchmark makes it easier for officers at the scene."
A driving simulator test showed that alcohol can seriously impair driving ability even at concentrations far below the new threshold.
The test involved a 36-year-old male reporter with a relatively high tolerance for alcohol and a 24-year-old female reporter who is less accustomed to drinking.
Before consuming alcohol, the male driver, who regularly drives, maintained a safe distance from the vehicle ahead and responded appropriately to hazards such as children emerging from blind spots. The female driver, who drives less frequently, traveled more slowly and cautiously.
Neither was involved in an accident during the initial test.
The man then drank three 500-milliliter cans of beer, while the woman drank 250 milliliters of beer and one 350-milliliter can of chuhai. Their breath alcohol concentrations measured 0.25 milligrams per liter and 0.21 milligrams per liter, respectively.
Despite recording levels roughly half the new 0.5-milligram threshold, both showed marked deterioration when they repeated the simulator test.
The male driver failed to brake in time and collided with the vehicle ahead soon after beginning the test. Even when he managed to avoid an accident, he applied the brakes only at the last moment.
"Honestly, my driving has become very careless," he said. "I feel more confident and start thinking this much is probably fine. Oh, I have had an accident."
The female driver accelerated far more rapidly than during her first attempt and greatly exceeded the simulator's speed limit of 50 kilometers per hour.
"I went a little too far. I could not make the turn," she said.
She repeatedly struck other vehicles and was unable to respond effectively to hazards, demonstrating a clear loss of concentration even though her breath alcohol level was less than half the new threshold.
"I thought I was being as careful as possible, but I could not react properly," she said. "Even when I slammed on the brakes, it was too late, and I sometimes collided."
The new numerical standard is intended to make it easier to determine when alcohol-impaired driving qualifies as dangerous driving, while the simulator test underscored that serious impairment can occur well below the legal threshold.
Source: YOMIURI
