Conditions for exemption from criminal punishment for drunk driving

If the circumstances are obvious, minor and harmless, they shall not be convicted and punished; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted. According to relevant laws, drunk driving can be exempted from conviction or criminal punishment. That is to say, even if the alcohol content in the body of a motor vehicle driver reaches the prescribed drunk driving standard, if the circumstances are obviously minor, it can still be exempted from conviction or criminal punishment. Obviously minor circumstances, of course, include that the alcohol content in the body is not excessively higher than the drunk driving standard, there is no traffic accident, there is no obstacle to inspection, and the guilty attitude is good. 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.

Article 16 of the Criminal Procedure Law

In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or innocence shall be declared:

(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;

(two) the crime has passed the limitation period;

(3) Being exempted from punishment by an amnesty order;

(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;

(5) The criminal suspect or defendant dies.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.