"About Handling Drunk Dangerous DrivingCriminal casesThe new rules will come into force on December 28, 2023. The new regulation is rightDrunk drivingThe plot is subdivided, among which the drunk driving plot is minorNo prosecutionor conviction and exoneration. This regulation has caused widespread discussion and speculation, and many car owners mistakenly believe that as long as the drunk driving is minor, they can drink and drive. But in fact, the new regulations also stipulateDrunk drivingFifteen aggravating circumstances, such as having been punished, stipulate that the circumstances in which a suspended sentence is not applicable under normal circumstances, and that there is a occurrenceTransportationAccidents and behaviors that are highly dangerous and subjectively vicious should still be dealt with strictly. Therefore, it cannot be simply understood in terms of the leniency side of the new regulationsDrunk drivingThere will be no penalty. Only in special cases of drunk driving can the case not be filed.
The "Opinions" are not legislative acts, but clarify the implementation standards. If the breath alcohol content test results show that the blood alcohol content reaches 80 milligrams and 100 milliliters or more while driving a motor vehicle on the road, the public security organs should decide whether to file a case in accordance with the provisions of the Criminal Procedure Law and the Opinions. Where the circumstances are obviously minor and the harm is not great, it is not found to be a crime and the case is not to be filed. However, many people mistakenly interpret this as "it's okay to drink and drive in the future". In fact, the current Criminal Law does not amend the principle of "criminalizing drunk driving". The new rules were introduced to provide a basis for dealing with some special drunk driving situations with a blood alcohol content of more than 80 mg to 100 ml. The new regulations introduce a dual judgment model of "blood alcohol content plot", which reflects the judicial prudence and the spirit of seeking truth from facts. In addition, in addition to the cases of leniency and leniency, the new regulations also increase the punishment in some cases, but many people only see the side of leniency and ignore the other side of punishment.
The Opinions clarify the specific circumstances of minor drunk driving. Minor circumstances of drunk driving refer to situations where drunk driving is one of several situations and does not meet the aggravating requirements at the same time. Specifically, a person with a blood alcohol content of less than 150 milligrams to 100 milliliters, or driving a motor vehicle for an emergency such as first aid for an injured or sick person does not constitute thisEmergency evacuationor driving a motor vehicle for a short distance in a residential area, parking lot, or other place to move the car or park into a place, or driving a motor vehicle for a short distance to a residential area, parking lot, or other place for a short distance to take over the driving of a motor vehicle, or driving a short distance out of a residential area, parking lot, or other place for the purpose of handing it over to another person to drive a short distance, may be found to be significantly minor and the harm is not great.
The new rules also add 10 situations in which probation is not applicable, including: caused by drunk drivingTransportationand be fully or primarily responsible for the accident;Flee after driving while drunk;Driving a car without a motor vehicle driver's license;Serious overcrowding, overloading, speeding;Driving a motor vehicle after drinking alcohol and the driver's license is revoked or suspended;Driving a motor vehicle after taking psychotropic drugs or substances;Driving a passenger car or school bus with passengers or teachers and students engaged in the corresponding business;Driving on the highway;Driving is heavyTrucks；Transport of hazardous chemicals or dangerous goods;Evading or obstructing public security organs from inspecting in accordance with law;Carrying out acts such as threatening, retaliating, enticing, bribing witnesses or evaluators, or obstructing the administration of justice;Within two years, he has been investigated or punished for driving a motor vehicle after drinking;Have been convicted or opposed for dangerous driving within five yearsNo prosecution
Opinions" stipulates:Drunk drivingFifteen aggravating circumstances, such as having been punished, are required to existTransportationAccidents, behaviors that are dangerous, and subjective malice are deep will be dealt with severely. For drunk driving at the same timeTransportationWhere the crime of causing an accident or other crimes is to be convicted in accordance with the crime with the heavier punishment, criminal responsibility will be strictly pursued. Compared with the previous regulations, the new regulations also add some detailed rules for severe punishment. For example, it is clearly stipulated that suspended sentences are generally not applicable to situations where the blood alcohol content exceeds 180 mg and 100 ml. This once again shows the attitude of the judiciary towards serious drunk driving. Therefore, regardless of whether drunk driving constitutes a crime, the public security organs should revoke the driver's motor vehicle license of the drunk driver in accordance with the law, and punish the drunk driving offender who has not been investigated for criminal responsibilityTransportationSecurity Act to impose finesAdministrative detentionand other administrative punishments. It can be seen even in some casesDrunk drivingIt is not a crime, but the cost of drunk driving is still very high.
In short, the promulgation of the "Opinions" does not implyDrunk drivingThere will be no punishment, but leniency will be given in special cases where the circumstances of drunk driving are minor. When implementing the new regulations, it is still necessary to judge and deal with them according to the actual situationDrunk drivingIt is still an illegal act, and the situation of great harm and deep subjective malice should be dealt with strictly. So either wayDrunk drivingWhether the circumstances are minor or serious, they should be observedTransportationRegulations, do not drink and drive, to ensure your own safety and the safety of others.