Drunk driving is a very serious criminal offence. In addition to criminal punishment, it will also be subject to administrative punishment, including revocation of driver's license, and it is not allowed to re-obtain a driver's license within 5 years. Non-prosecution refers to the decision of the people's procuratorate to transfer the prosecuted case to the relevant authorities. After trial, the criminal suspect does not constitute a crime and will not be investigated for criminal responsibility according to law. Generally speaking, there is no misjudgment of drunk driving, so there is no situation that there will be no criminal record.
Personal recommendation
In my opinion, if there is drunk driving, you'd better turn yourself in at the first time. Surrender will reduce part of the punishment. I hope all criminals can seriously reflect on their mistakes in prison and strive for commutation, release from prison and turn over a new leaf.
legal ground
Paragraph 2 of Article 177 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that relative non-prosecution means that the people's procuratorate decides not to prosecute a case that is transferred for review and prosecution after the investigation by the investigation organ. After examination, it is considered that the criminal suspect's criminal behavior is minor and it is not necessary to be sentenced or exempted from punishment according to the provisions of the Criminal Law. In the case of relative non-prosecution, the people's procuratorate can make a decision not to prosecute or not to prosecute. At this time, it is necessary to submit a non-prosecution opinion to the superior procuratorate.
According to the relevant provisions of the Road Traffic Safety Law of the People's Republic of China:
(a) driving a motor vehicle after drinking, the motor vehicle driver's license for 6 months, and impose a fine of more than 2000 yuan 1000 yuan. Those who are punished for driving a motor vehicle after drinking, and those who drive a motor vehicle after drinking again, shall be detained for less than 10, fined for more than 1000 yuan but less than 2,000 yuan, and their motor vehicle driving licenses shall be revoked. 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 5 years.
(2) Whoever drives or operates a motor vehicle after drinking alcohol shall be detained on 15, fined 5,000 yuan, and his motor vehicle driver's license shall be revoked, and he shall not re-obtain the motor vehicle driver's license within 5 years. Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; /kloc-Never obtain a motor vehicle driver's license again within 0/0 years, and never drive or operate a motor vehicle after obtaining a motor vehicle driver's license again.
(3) If a serious traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, which constitutes a crime, criminal responsibility shall be investigated according to law, and the motor vehicle driver's license shall be revoked by the traffic administrative department of the public security organ, and the motor vehicle driver's license shall not be re-acquired for life.