The answer to your question is: no exemption. Those who meet the conditions for obtaining a guarantor pending trial may obtain a guarantor pending trial. People whose blood alcohol content reaches 80 mg/100 ml can be regarded as drunk driving. According to Article 65 of the Criminal Procedure Law, how can drunk driving be exempted from criminal punishment? People's courts, people's procuratorates and public security organs may obtain bail pending trial for criminal suspects and defendants under any of the following circumstances: (1) They may be sentenced to public surveillance, criminal detention or independently apply supplementary punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Meet one of the above conditions, and do not have the heavier punishment circumstances stipulated in Article 2 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles, and may be released on bail pending trial. According to the provisions of Article 72 of China's Criminal Law: "A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he no longer endangers society according to the criminal's criminal circumstances and repentance." Article 74 stipulates: "For recidivists, probation is not applicable." After being released on bail pending trial, it is more likely that the court will sentence him to probation. If there are no serious circumstances (such as serious overcrowding, driving without a license, escape, refusal to check, etc.). ), you can try your best to get probation. As long as you accept community correction in the future, you are still relatively free and close to being exempted from criminal responsibility.
Legal objectivity:
Article 16 of the Criminal Procedure Law of People's Republic of China (PRC).
In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered 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.