2. Legal basis: According to the Threshold and Detection of Alcohol Content in Blood and Exhaled Gas of Vehicle Drivers (GB19522-Detection of Drunk Driving in 2004), drinking driving refers to a vehicle driver whose blood alcohol content is 20mg/ 100ml and less than 80mg/ 100ml. Drunk driving refers to the driving behavior that the alcohol content in the blood of vehicle drivers is greater than or equal to 80mg/ 100ml. Article 16 of the Criminal Procedure Law The principle of non-prosecution according to law shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as 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; (six) other laws and regulations shall be exempted from criminal responsibility.