1. If the circumstances of drunk driving are obvious and the harm is slight, it will 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;
2. According to the 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 after drinking, 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, no traffic accident has occurred, and the guilty attitude is good.
Exemption from punishment, non-prosecution and probation do not apply to the following eight situations:
1, causing minor injuries to others and the above consequences;
2. Drunk driving on the highway;
3, drunk driving operating motor vehicles, medium-sized motor vehicles or above, or seriously overcrowded, overloaded, speeding;
4. Persons without driving qualification (except those whose driver's license is detained, whose annual examination period is less than one year, whose driver's license score is more than 12 and whose status is less than one year);
5. Driving an unlicensed motor vehicle or using a forged, altered or other vehicle's motor vehicle license plate knowing that it does not meet the motor vehicle safety technical inspection standards or has been scrapped;
6. When being investigated, there is a driving escape or serious resistance to inspection;
7. Refusing to appear in court or escape during the proceedings;
8. Drunk driving within three years and drunk driving within five years have been investigated.
Legal basis: Article 177th of the Criminal Law of People's Republic of China (PRC).
If the criminal suspect has no criminal facts, or is under any of the circumstances specified in Article 16 of this Law, the people's procuratorate shall make a decision not to prosecute.
If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.