Drunk driving without accidents cannot be exempted from criminal detention, as follows:
1. Once drunk driving is found, the traffic management department of the public security organ will restrain the drunk driver until he wakes up and revoke his motor vehicle driver's license for the sake of the personal safety of the actor and road traffic safety;
2. He will also be investigated for criminal responsibility for dangerous driving, detained and fined.
Elements of drunk driving:
1, object elements, infringing on public security objects, causing personal and property losses to natural persons;
2, objective elements, driving a motor vehicle personnel objectively constitutes a crime;
3, the main elements, a natural person who has reached the age of 16 constitutes the subject of the crime;
4. Subjective requirements: The driver has intentionally acted subjectively, knowing that it will endanger the personal and property safety of most people, but still carries out the act.
What are the hazards of drunk driving?
Drunk driving refers to driving a vehicle within 8 hours after drinking or 24 hours after being drunk. Statistics show that the accident probability of drivers who drive after drinking is 15 times as high as usual, and 30% of road traffic accidents are caused by drunk driving and drunk driving. 59% of drivers' death files are related to drunk driving. Shocking figures tell us that drunk driving seriously endangers traffic safety and harms others and society. The police reminded the majority of drivers and friends that drinking should be moderate and not greedy.
Causes of frequent accidents after drunk driving;
1, drunk driving, because of alcohol paralysis, clumsy movements, slow response, decreased operational ability, often can not operate the vehicle well.
2. After drinking, the attention is distracted and the judgment ability is reduced. The response time of drunken people to light and sound is prolonged, so they can't correctly judge the safe distance and driving speed, and can't accurately receive and process traffic information on the road.
3. After drinking, people's vision will decline, the visual image will be unstable, and the color vision function will be reduced, resulting in the inability to find and understand traffic signals and traffic signs, and it is difficult to find hidden dangers on the visual edge.
Most people who drink alcohol think it would be nice to drink less or feel "good" about themselves, but it is not. After drinking, under the stimulation of alcohol, people are impulsive, courageous and self-estimated, and people are prone to take risks. They ignore the advice of people around them and often do things beyond their power.
5. It is easy to get sleepy, tired, doze off and even fall asleep after drinking.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China.
Those who drive a motor vehicle after drinking alcohol shall be detained for six months and fined between 1,000 yuan and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked.
Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.
Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license revoked. No motor vehicle driver's license shall be obtained again within five years.
Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.
If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license and shall not re-obtain the motor vehicle driving license for life.