1, drunk driving will not be prosecuted in the following cases:
(1) If the circumstances are obviously minor and harmless, it will not be deemed as a crime;
(2) 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;
(6) Other laws provide for exemption from criminal responsibility.
The people's procuratorate believes that the criminal suspect's behavior has constituted a crime and should bear criminal responsibility.
2. Legal basis: 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.
Second, can drunk driving be exempted from criminal responsibility?
Drunk driving can be exempted from criminal responsibility. If the perpetrator of drunk driving commits a minor crime and does not need to be sentenced to punishment, he may be exempted from criminal punishment. If the circumstances are obvious, minor and harmless, you may not be convicted and punished. If it constitutes a crime of dangerous driving, the starting point of sentencing can be determined within one to two months of criminal detention; On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to dangerous driving behavior and other criminal facts that affect the composition of crimes.