First, the general standard of probation for drunk driving.
When the alcohol content of drinkers reaches 50 mg per 100 ml of blood, their reaction ability will decrease; When it reaches 150 mg, the reaction ability will drop by 50%, which will lead to motor disorder, out of control of hands and feet, and easily lead to car accidents. Then, in order to effectively crack down on drunk driving and avoid car accidents, it is necessary to control the alcohol content of "drunk driving" on probation within 150mg/ 100ml. Because the drinker's reaction ability will drop by one grade when the alcohol content in his blood increases by 50mg per100ml, we increase it by 50mg-80mg/100ml on the basis of the "drunk driving" standard, thus obtaining the probation standard after drunk driving, that is, the alcohol content in his blood is greater than or equal to 80mg//kloc-0.
Second, four conditions for drunk driving to slow down.
In China, the conditions for all criminals to be sentenced to probation are the same, and they all need to meet the following four conditions:
1. Was sentenced to criminal detention or fixed-term imprisonment of not more than three years by the local people's court;
2. The criminal behavior of criminals is less harmful to society, citizens and the country, and criminals have obvious repentance and are not in danger of committing crimes again;
3, the local people's court sentenced criminals to death with a suspended execution will not cause other adverse effects on local society and public security;
4. Criminals are not the main leaders of criminal groups, or criminals are not recidivists.
Therefore, if a drunk driver meets the conditions for applying probation to criminals in China, the local people's court will judge the driver's probation according to factors such as whether he surrenders after drunk driving, whether there is a traffic accident caused by drunk driving, whether there is a traffic accident, whether there is compensation for the victim, whether the victim is forgiven for drunk driving, and whether the drunk driver's confession attitude is sincere.
Criminal law of the people's Republic of China
Article 72
A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.