The criteria for not prosecuting drunk driving in Henan are as follows: (1) the circumstances are obviously minor and harmless, and they are not considered as crimes; (two) the crime has passed the limitation period; (3) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law.
Legal objectivity:
Article 12 of the Criminal Procedure Law of People's Republic of China (PRC) * * * has not been judged by the people's court according to law, and no one shall be found guilty. Legal basis: Article 133 of the Criminal Law of People's Republic of China (PRC) * * * Anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined: (1) Chasing for racing and the circumstances are bad; (two) drunk driving a motor vehicle; (three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed; (4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety. Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.