New regulations on drunk driving punishment: in the future, anyone suspected of drunk driving must have a blood test. The so-called "drunk driving" is short for drunk driving. According to the Threshold and Test of Alcohol Content in Blood and Exhaled Gas of Vehicle Drivers issued by the General Administration of Quality Supervision, Inspection and Quarantine, drunk driving refers to the driving behavior in which the alcohol content in blood of a driver is greater than or equal to 80mg/ 100ml. Every citizen who drives has this experience: if the traffic police set up a card to check drunk driving, the traffic police will usually talk to you first, smell if there is alcohol, and then let you get off the bus and "blow", that is, do a simple test with an alcohol tester. If the alcohol content is above 80mg/ 100ml, it will reach the drunk standard. "Before the driver signed it, it was handled directly. But not now, you must have a blood test. " A citizen of the Jinan Traffic Patrol Brigade in Fuzhou reminded the reporter that because drunk driving will be criminalized, if you want to identify drunk driving, you must enter the criminal case handling procedure, and the requirements are different. Once drunk driving is suspected, the police will force blood to be drawn and hand it over to a qualified medical institution or judicial authentication institution to measure the alcohol in the blood. The problem is coming soon. There is always a time limit for drunkenness. After sleeping or sauna, the alcohol concentration in the blood will decrease or disappear. At that time, the parties raised objections, and even at the trial stage, they questioned the evidence. What should I do? It is understood that when taking blood, the police usually prepare four serum samples, in addition to the samples tested on the spot, they should also be backed up in the refrigerator in case the parties propose to find another agency for identification. According to the police, after the blood test determines drunk driving, the police will start the criminal filing procedure, first detain the drunk driver, and then transfer it to the procuratorate for arrest and public prosecution. According to the relevant person in charge of the Provincial Traffic Police Corps, before and after May 1 ST, the biggest difference in drunk driving punishment was that drunk driving only violated the Road Traffic Safety Law and made administrative punishment. However, since May 1 this year, drunk driving has violated the Criminal Law. That is to say, whether there is a traffic accident or not, it is a crime. For individuals, administrative punishment and punishment are very different. On the forum, some netizens were discussing that drunk driving used to be administrative detention for less than 15 days, but now it is 1 to 6 months of "criminal detention". It's all locked up. What is the difference? In this regard, experts from the Legal Department of the Provincial Traffic Police Corps introduced that "criminal detention" is a short-term punishment method that deprives criminals of their freedom. It is understood that at present, the judiciary tends to define drunk driving as "dangerous driving crime". If drunk driving causes serious consequences such as death, it can even be convicted of endangering public safety. But whether the specific sentencing is heavier or lighter depends on whether drunk driving causes personal or property damage and the guilty attitude of drunk drivers, which will affect the final sentencing. New regulations on drunk driving punishment: drunk driving punishment will not be allowed to apply for civil servants. Unlike the previous fine deduction, this drunk driving is guilty and subject to criminal punishment. According to the current laws of our country, this will have an immeasurable impact on a person's life. He told reporters that it was troublesome to drink and drive on a whim. According to the relevant provisions of the Regulations on Punishment of Civil Servants of Administrative Organs, "Civil servants of administrative organs shall be dismissed if they are sentenced to punishment according to law." This means that ordinary civil servants and even officials at all levels must be expelled from public office if they are sentenced to criminal detention for drunk driving. There are also clear provisions in the regulations on the employment of civil servants, and those who have been criminally punished and expelled from public office are not allowed to apply. Not only civil servants, but also lawyers, notaries and other professions will have their practice certificates revoked once they are subjected to criminal punishment. For an individual, this affects almost a lifetime.
Legal objectivity:
Criminal Procedure Law of the People's Republic of China
Article 175
When examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial;
If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 56 of this Law, he may be required to explain the legality of collecting evidence.
When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation.
A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute.