Can I get a suspended sentence if I have a criminal record of drunk driving?

Legal analysis: the punishment of drunk driving is administrative punishment, not criminal punishment. A person who is given administrative punishment for drunk driving cannot be regarded as having a criminal record. If there is no other criminal record, simple drunk driving can be sentenced to probation.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 65 A criminal sentenced to more than fixed-term imprisonment who commits a crime that should be sentenced to more than fixed-term imprisonment within five years after the execution of the punishment or pardon is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by people under the age of 18. The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled.

Article 133 (1) Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined: (1) Chasing for racing and the circumstances are bad; (two) drunk driving a motor vehicle; (three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed; (4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety. Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.