The non-prosecution of drunk driving can be based on the "People's Republic of China and the National Criminal Procedure Law"
Article 15
In any of the following circumstances, there is no need to pursue criminal liability. If the case has been investigated, the case should be withdrawn, or no prosecution should be instituted, or the trial should be terminated, or the case should be acquitted:
(1) The case is minor, The harm is not serious and it is not considered a crime;
(2) The crime has expired the statute of limitations for prosecution;
(3) The punishment has been exempted by an amnesty order;
(4) For a crime that can only be handled by complaint according to the criminal law, no complaint or complaint is withdrawn;
(5) The criminal suspect or defendant dies;
( 6) There are any of the following other circumstances that exempt the person from criminal liability according to legal provisions.
2. Punishment Standards for Drunk Driving
1. Those who drive under the influence of alcohol will have their driver’s license temporarily suspended for 6 months and be fined not less than RMB 1,000 but not more than RMB 2,000. Anyone who has been punished for drunk driving and drives drunk again will be detained for not more than 10 days, and fined not less than 1,000 yuan but not more than 2,000 yuan, and his driver's license will be revoked.
2. Drunk driving shall be restrained by the public security organs until the driver sobers up. The motor vehicle driving license shall be revoked, criminal liability shall be investigated in accordance with the law, and the motor vehicle driving license shall not be re-obtained within five years.
3. Anyone who drives a commercial vehicle while drunk will be detained for 15 days, fined 5,000 yuan, have his motor vehicle driving license revoked, and will not be able to obtain a new motor vehicle driving license within 5 years.
4. Anyone who drives a commercial vehicle while drunk will be restrained by the public security organs until he sobers up. Anyone whose motor vehicle driving license is revoked shall be investigated for criminal liability in accordance with the law and shall not be allowed to obtain a new motor vehicle driving license within 10 years. After re-obtaining a driver's license, you are not allowed to drive a commercial vehicle.
5. If a major traffic accident occurs while driving under the influence of alcohol or intoxicated, which constitutes a crime, criminal liability shall be investigated in accordance with the law. The driver's license is revoked and the driver is not allowed to obtain a new driver's license for life.
3. Judgment criteria for drunk driving and drunken driving
1. Driving after drinking
Judgment criteria for driving after drinking: The alcohol content in the driver's blood is greater than Or driving behavior equal to 20mg/100mL but less than 80mg/100mL.
According to calculations, under normal circumstances, after drinking 350mL (approximately equivalent to 1 bottle) of beer or half a liang of liquor (20ml), the alcohol concentration in the blood can reach 0.02 (20mg/100ML), which meets the requirements for drinking and driving. Penalty conditions.
According to the New Traffic Law: Anyone who drives a motor vehicle after drinking alcohol shall have his or her motor vehicle driving license temporarily suspended for not less than one month but not more than three months, and shall be fined not less than RMB 200 but not more than RMB 500, and shall be deducted 6 points. . The legal penalties for driving a commercial motor vehicle after drinking alcohol are more severe: Those who drive a commercial motor vehicle after drinking alcohol will be subject to a three-month suspension of their motor vehicle driving license, a fine of 500 yuan, and 12 points.
2. Drunk driving
Judgment criteria for drunk driving: driving behavior in which the alcohol content in the driver’s blood is greater than or equal to 80mg/100mL. According to the national "Vehicle Drivers Blood and Breath Alcohol Content Thresholds and Testing" regulations, drivers with an alcohol content of 20-80 mg in 100 ml of blood are considered drunk driving, and drivers with an alcohol content of 80 mg or more are considered drunk driving.
The air blow test is not included in the determination of drunk driving. According to the standards for collecting evidence in criminal cases, blood must be drawn from drivers suspected of drunk driving to collect evidence. Checking the alcohol monitoring instrument data in drunk driving is just a method for traffic police to predict drunk driving. The identification conclusion is made by comparing the alcohol content in the suspect's body.
4. How many years have you been drunk driving and killed someone?
It depends on the quality. If you are suspected of endangering public safety by dangerous means, you may be sentenced to more than 10 years in prison. Life imprisonment or death penalty.
Legal Basis
Paragraph 3 of Article 91 of the "Road Traffic Safety Law" stipulates that anyone who drives a motor vehicle while drunk shall be restrained by the traffic management department of the public security organ until he sobers up, and his suspension shall be revoked. Motor vehicle driving license, and shall be investigated for criminal liability in accordance with the law; shall not obtain a motor vehicle driving license again within five years.
Article 133 of the "Criminal Law" Whoever drives a motor vehicle on the road and falls under any of the following circumstances shall be sentenced to criminal detention and fined:
(1) Chasing and racing Driving with serious circumstances;
(2) Driving a motor vehicle while drunk;
(3) Engaging in school bus or passenger transport business, seriously exceeding the rated number of passengers, or seriously exceeding the prescribed speed Driving;
(4) Driving beyond the prescribed speed;
(5) Carrying more passengers than the rated number of passengers, or driving seriously exceeding the prescribed speed;
(4) Transporting hazardous chemicals in violation of hazardous chemicals safety management regulations and endangering public health. If the owner or manager of a motor vehicle is directly responsible for the acts in Item 3 or Item 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph. If the acts in the preceding two paragraphs constitute other crimes at the same time, they shall be convicted and punished in accordance with the provisions of heavier penalties.