Drunk driving refers to the act of driving a motor vehicle in a state of intoxication, and the drunk driver usually loses or partially loses his personal will in the process of driving due to drunkenness, so that he loses reasonable judgment and control over the driving behavior, so the drunk driving behavior is extremely harmful to himself and public safety.
February** Dynamic Incentive Program
Netizen consultation:
Does driving while intoxicated constitute a dangerous driving offense?
Lawyer answers:
According to the national "Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers", a driver with a blood alcohol content of 20-80 mg in 100 ml is a drunk driver, and a driver with a blood alcohol content of more than 80 mg is considered drunk driving. If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years. Drunk driving is a statutory act that belongs to the crime of dangerous driving, so if drunk will constitute the crime of dangerous driving, he will be sentenced to criminal detention and a fine.
In any of the following circumstances, drunk drivers are to be given a lenient punishment:
1) Voluntary surrender, confession, or meritorious service;
2) Voluntarily admitting guilt and accepting punishment;
3) Causing a traffic accident, compensating for losses, or obtaining understanding;
4) Other situations requiring leniency.
The lawyer adds:
The following evidence shall be collected in handling drunk driving cases:
1) Evidentiary materials proving the circumstances of the criminal suspect, primarily including identification such as records of population information inquiries or household registration certificates; Driver's license and driver's information inquiry records; Criminal record records, records of having been seized or administrative punishment for driving a motor vehicle after drinking, and administrative punishment decision for this traffic violation, etc.;
2) Evidentiary materials proving the circumstances of the intoxication testing and appraisal mainly include breath alcohol content test results, breath alcohol content tester calibration certificates, blood sample extraction records, evaluation power of attorney or evaluation establishment's receipt of sample registration materials, blood alcohol content evaluation opinions, evaluation opinion notices, and so forth;
3) Evidentiary materials proving the condition of the motor vehicle, mainly including motor vehicle driving licenses, motor vehicle information inquiry records, motor vehicle **, etc.;
4) Proving the on-site law enforcement situation, mainly including on-site inspections of motor vehicles, breath alcohol content testing, and the collection and packaging of blood samples, and shall preserve audio and video recordings of relevant links;
5) The criminal suspect's confession and justification.
Legal basis] Criminal Law of the People's Republic of China
Article 133-1 [Crime of Dangerous Driving] Whoever drives a motor vehicle on a road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:
1) Chasing and racing, where the circumstances are heinous;
2) Driving a motor vehicle while intoxicated;
C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;
4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.
Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.
Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.