In response to a fan friend's question about "I have two criminal cases committed due to fights before, and the blood test for drunk driving does not exceed 150mg 100ml, will it be filed?" The following professional analysis is now carried out:
First, about the verdict of recidivism. Recidivism is divided into general recidivism and special recidivism. The constitutive elements of general recidivism include: criminals who have been sentenced to fixed-term imprisonment or higher, and crimes that should be sentenced to fixed-term imprisonment or higher within five years after the completion of the sentence or pardon. Since the statutory penalty for the crime of dangerous driving while intoxicated is only six months' detention, it does not meet the requirements of general recidivism. At the same time, the special recidivism involves specific categories such as crimes of endangering ***, terrorist activities, and organized crimes, which are inconsistent with the circumstances of this case. Therefore, the present case does not constitute a recidivism.
Second, the impact of criminal records on drunk driving conviction and sentencing. If the conviction is not related to drunk driving, it usually does not affect the conviction and sentencing of drunk driving. According to the 15 aggravating circumstances listed in the new drunk driving regulations, unless they involve Articles 13 and 14 (e.g., they have been found to have been found or received administrative punishment for driving a motor vehicle after drinking alcohol within two years, etc.), the other criminal records do not affect the conviction and sentencing of drunk driving.
Article 10 of the new drunk driving regulationsIn any of the following circumstances, where drunk driving does not constitute another crime, it is to be dealt with heavily:
1) Causing a traffic accident and bearing full or primary responsibility for the accident;
2) Fleeing after causing a traffic accident;
3) Driving a motor vehicle without obtaining a motor vehicle driver's license;
4) Seriously overcrowding, overloading, or 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 a 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) Having been seized or received an 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 a heavier disposition.
Finally, on the possibility of filing this case. Considering that the blood test result does not exceed 150mg 100ml, the circumstances are relatively minor and the harm is not great, the public security organ has the right to make a decision not to file the case based on the actual situation.
In summary, this case does not meet the constitutive elements of recidivism, and there are no aggravating circumstances, and the blood alcohol content is also a situation where the circumstances are significantly minor and the harm is not great. Therefore, there is a high probability that the public security organs will make a decision not to file the case. However, please note that this is only a preliminary judgment based on the current information, and the specific results are subject to the actual investigation and judgment of the public security organs.