1. The following evidence shall be collected in handling drunk driving cases:
1.Evidentiary materials proving the circumstances of the criminal suspect mainly include identification documents 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 testing and appraisal of intoxication mainly include breath alcohol content test results, breath alcohol content tester calibration certificates, blood sample collection records, appraisal power of attorney or registration materials for the appraisal agency to receive the samples, blood alcohol content appraisal opinions, appraisal opinion notices, etc.;
3.Evidentiary materials proving the condition of the motor vehicle, mainly including motor vehicle driving license, motor vehicle information inquiry record, motor vehicle **, etc.;
4.Proving the on-site law enforcement situation mainly includes on-site inspections of motor vehicles, breath alcohol content testing, and the extraction and packaging of blood samples, and shall preserve audio and video recordings of relevant links;
5.Confession and defense of the suspect.
2. Based on the specific circumstances of the case, the following evidence shall also be collected:
1.Where there is a dispute over whether the criminal suspect consumed alcohol or drove a motor vehicle, the testimony of witnesses such as those in the same vehicle, witnesses at the scene, or persons who drank alcohol together, and monitoring records of drinking establishments and driving sections shall be collected;
2.If the road attributes are disputed, the testimony of relevant management personnel, owners and other informed personnel, and the certificates issued by the management unit or relevant departments shall be collected;
3.In the event of a traffic accident, the traffic accident identification document, the monitoring record of the accident road section, the degree of physical injury and other appraisal opinions, and the victim's statement shall be collected;
4.where voluntary surrender might be constituted, materials such as the criminal suspect's arrival in the case shall be collected;
5.Other evidentiary materials that are truly necessary to be collected.
III. In the process of collecting evidence, attention should be paid to the embodiment and fixation of the following important circumstances
1.Evidence of aggravating circumstances of drunk driving:
1) Causing a traffic accident and bearing full or primary responsibility for the accident;
2) Fleeing after causing a traffic accident;
3) Driving a car without obtaining a motor vehicle driver's license;
4) Serious overcrowding, overloading, and speeding;
5) Driving after taking psychotropic drugs or products controlled by the state;
6) Driving a motor vehicle to engage in passenger transport activities and carrying passengers;
7) Driving a motor vehicle to engage in school bus business and carrying teachers and students;
8) Driving on the highway;
9) Driving a heavy truck;
10) Transporting hazardous chemicals and dangerous goods;
11) Evading or obstructing lawful inspections by public security organs;
12) Carrying out acts that obstruct justice, such as threatening, retaliating, enticing, or bribing witnesses, evaluators, or other persons, or destroying or fabricating evidence;
13) Those who have been seized or received administrative punishment for driving a motor vehicle after drinking alcohol within two years;
14) Those who have been convicted of dangerous driving within five years or have been relatively not prosecuted;
15) Other situations that require heavier treatment.
2.Evidence of leniency for drunk driving
1) Surrendering, confessing, or making meritorious contributions;
2) Voluntarily admitting guilt and accepting punishment;
3) Causing a traffic accident, compensating for losses or obtaining understanding;
4) Other situations that require leniency.
3.Evidence that the circumstances are significantly minor and not harmful:
1) The blood alcohol content is less than 150 mg 100 ml;
2) Driving a motor vehicle for emergency purposes such as first aid for the injured or sick, and it does not constitute emergency evacuation;
3) Driving a motor vehicle for a short distance in residential areas, parking lots, and other places due to moving a car, parking in a place, etc.;
4) Driving a motor vehicle for a short distance to a residential area, parking lot, or other place, or driving a short distance from a residential area, parking lot, or other place in order to be driven by another person;
5) Other circumstances where the circumstances are obviously minor.
and driving a motor vehicle as a last resort after being drunk for emergency purposes such as first aid for the injured or sick, constituting emergency evasion.
4.Evidence of minor offenses:
Factors such as the criminal suspect's motive and purpose for driving, the degree of intoxication, the type of motor vehicle, road conditions, travel time, speed, distance, and expressions of remorse may be found to be minor.
5.Evidence that probation is generally not applicable:
1) Causing a traffic accident that causes minor or minor injuries to others, and bears full or primary responsibility for the accident;
2) Causing a traffic accident and bearing full or primary responsibility for the accident and failing to compensate for the loss;
3) Fleeing after causing a traffic accident;
4) Driving a car without obtaining a motor vehicle driver's license;
5) blood alcohol content of more than 180 mg 100 ml;
6) Driving after taking psychotropic drugs or products controlled by the state;
7) Employing violent means to resist lawful inspections by public security organs, or carrying out acts that obstruct justice;
8) Those who have been seized or received administrative punishment for driving a motor vehicle after drinking alcohol within five years;
9) Those who have been convicted of dangerous driving or have been relatively not prosecuted;
10) Other circumstances where the circumstances are heinous.
IV. Exclusion of Illegal Evidence.
In any of the following circumstances, blood alcohol content appraisal opinions that cannot be supplemented or corrected or a reasonable explanation can be made shall be excluded:
1.The extraction, sealing, or storage of blood samples is not standardized;
2.Failure to submit for inspection or issue appraisal opinions in accordance with the prescribed time and procedures;
3.The appraisal process is not synchronously recorded or videotaped in accordance with provisions;
4.There are other flaws or irregularities in evidence gathering.
5. Other precautions:
1.Procedures for the extraction, sealing, storage, testing, and evaluation of criminal suspects' blood samples are to be carried out in accordance with the Ministry of Public Security and the Ministry of Justice's relevant procedures for handling road traffic safety violations, evaluation rules, and other such provisions.
2.Public security organs shall make audio and video recordings of the entire process of collecting and encapsulating blood samples. The collection and sealing of blood samples shall be well marked and numbered, and the person extracting or encapsulating the sample, and the criminal suspect are to sign the blood sample collection record. Where the criminal suspect refuses to sign, it shall be noted. Blood samples taken shall be promptly sent to an evaluation institution for blood alcohol content evaluation. If it cannot be submitted for inspection in time due to special reasons, the inspection materials shall be kept in accordance with the relevant specifications and technical standards and submitted for inspection within five working days.
3.The evaluation body shall make audio and video recordings of the process of preparing blood samples and testing instruments. Within 3 working days of receiving the blood samples submitted for testing, the evaluation body shall conduct an evaluation in accordance with the relevant norms and technical standards, issue a blood alcohol content evaluation opinion, and notify or send it to the entrusting unit.
4.Where the blood alcohol content evaluation opinion is used as evidence, the case-handling unit shall notify the criminal suspect, defendant, victim, or their legally-designated ** person in writing within 5 working days of receiving the blood alcohol content evaluation opinion.
5.Where a criminal suspect has a breath alcohol content test showing a blood alcohol content of 80 mg or more and 100 ml or more, and escapes or finds someone to replace him before the blood sample is taken, the breath alcohol content test results may be used as the basis for determining that he is intoxicated.
6.Where a criminal suspect intentionally consumes alcohol before a breath alcohol content test or a blood sample is taken during a lawful inspection by a public security organ or after a road traffic accident occurs, in order to avoid legal prosecution, the blood alcohol content evaluation opinion after the seizure may be used as the basis for determining that he is intoxicated.
*: Huozhou Public Security.