Drunk driving
Recently, many fans and friends asked me in private messages backstage: "I was arrested for drunk driving, and the blood test result exceeded 200mg 100ml, do I still have a chance to get a probation?" "Today, I'm going to give you a good talk about this issue.
First of all, you need to know that the recent new drunk driving rules clearly state that if you have a blood alcohol concentration (BAC).Probation is generally not applicable to more than 180mg 100ml. As soon as this regulation comes out, it is really stressful for friends who come to consult! But don't worry, we still have some ways to work hard.
The first step is to think about your motive for committing the crime. If you are going to take an emergency patient to the hospital or just move the car, congratulations, this situation should not be held criminally responsible! where the investigation phase is stage, the investigating organ shall withdraw the case; During the review for prosecution phase, the public prosecution organ shall make a decision not to prosecute; When a trial is decided, the court shall terminate the trial or make a not-guilty verdict.
Legal basis] Article 12 of the New Regulations on Drunk Driving: Where drunk driving has any of the following circumstances, and does not have the circumstances provided for in article 10 of these Opinions, it may be found that the circumstances are obviously minor and the harm is not great, and it is to be handled in accordance with article 13 of the Criminal Law and article 16 of the Criminal Procedure Law:
1) The blood alcohol content is less than 150 mg or 100 ml;
2) Driving a motor vehicle for emergency purposes such as first aid for injured or sick persons, and it does not constitute emergency evacuation;
3) Driving a motor vehicle for a short distance in residential areas, parking lots, or other places due to moving a car, parking in a place, or so forth;
4) Where a motor vehicle is driven by another person to a residential area, parking lot, or other place for a short distance to take over the driver, or in order to be driven by another person, a short distance from a residential area, parking lot, or other such place;
5) Other situations where the circumstances are obviously minor.
Where, after being drunk, driving a motor vehicle as a last resort for emergency purposes such as first aid for the injured or sick constitutes emergency evasion, it is to be handled in accordance with the provisions of Criminal Law article 21.
Secondly, your driving behavior also depends on it. For example, if you drive at a very slow speed and it is difficult to pose any danger, the court will also consider this.
In addition, the environment of drunk driving is also very important. For example, if you are in a wilderness or a community, a road that is not "public", and there are basically no cars on the road, then the situation will be different.
Legal basis] Article 5 of the New Regulations on Drunk Driving: The provisions of the Road Traffic Safety Law on "roads" and "motor vehicles" shall apply to the determination of "roads" and "motor vehicles" in drunk driving cases. Whether a road section within the jurisdiction of a government organ, an enterprise or public institution, a factory or mine, a campus, a residential area or other unit is identified as a "road" shall be judged on the basis of whether it is "public" and whether it "allows social motor vehicles to pass". Where only motor vehicles within the unit and specific visiting motor vehicles are allowed to pass, they may not be designated as "roads".
And you have to have the right attitude. Pleading guilty and accepting punishment, actively making amitudes or being willing to pay a fine, surrender or make meritorious service are all good ways to give you extra points.
And most importantly, you have to make sure that you don't cause any serious traffic accidents, because if a traffic accident is caused, then depending on the circumstances, it may constitute other criminal offences such as traffic accidents, crimes of endangering public safety by dangerous means, etc.
Finally, I would like to remind you that each case needs to be analyzed on a case-by-case basis. If you still have any questions, or need further help, don't forget to leave a message in the comment area Our lawyer team will provide you with the most professional and comprehensive answers and services. Friends are also welcome to click three times in a row, your support will be the continuous motivation for us to continue to share the public welfare of misdemeanor defense!