1, statutory non-prosecution. According to the provisions of the Criminal Procedure Law, its applicable conditions are as follows: the circumstances are obviously minor, the harm is not great, and it is not considered a crime; The crime has passed the limitation period for prosecution; Exempt from punishment through Amnesty; Failing to tell or withdraw a crime that should be dealt with according to the criminal law; The criminal suspect or defendant dies; Other laws provide for exemption from criminal responsibility.
2. Do not prosecute as appropriate. Paragraph 2 of Article 142 of the Criminal Procedure Law stipulates that if the circumstances of the crime are minor and it is not necessary to sentence or exempt the punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
If you have doubt, don't sue. Paragraph 4 of Article 140 of the Criminal Procedure Law stipulates that if the people's procuratorate still thinks that the evidence is insufficient and does not meet the conditions for prosecution, it may make a decision not to prosecute.
For drivers who are drunk driving motor vehicles, if the circumstances at this time are obviously minor and the harm is not great, they will not be convicted and punished; If the circumstances of the crime are minor and there is no need for punishment, criminal punishment may also be exempted. Drunk driving can't aggravate the circumstances, and if you plead guilty and repent, you can apply probation according to law. If the alcohol content is below 170mg/ 100ml and there are no serious circumstances, public prosecution may not be initiated or criminal punishment may be exempted. If the alcohol content is below 100mg/ 100ml and the circumstances are not serious or harmful, it can be considered that the circumstances are obviously minor and will not be transferred for review and prosecution.
Criminal detention of drunk driving
1, generally not more than 37 days.
2. If it is considered necessary to arrest the detained criminal suspect after examination, it shall be reported to the people's procuratorate for examination and approval within three days after detention.
legal ground
Criminal law of the people's Republic of China
Article 133-1 Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, 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.