Will you definitely go to jail when driving while drunk?
A: Will definitely B: Not necessarily
Are you very happy at the party at night, so you drank a few more drinks, but for the sake of convenience, I still want to drive home. If you happen to encounter a traffic policeman in front of you checking for drunk driving, do you feel like you are about to finish your life? I wish my car could have wings and fly into the sky, but it was too late. Even if you turn around, you might not be able to run away.
If you are caught by the traffic police and are in the state of drunk driving , the consequences will be very serious. Because driving while drunk is a crime of dangerous driving and requires criminal responsibility. According to the provisions of the " Criminal Law " in my country, the crime of dangerous driving will be subject to one month to six months of detention, which means that you are likely to be sentenced to jail.
So now the question is, will you be sentenced to jail when driving while drunk? Here are three situations, and you will not be sentenced to the actual sentence. See if you meet the conditions:
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The first situation: the alcohol content in the body is not significantly higher than 80mg/100ml
Everyone knows that the standard for driving a motor vehicle while drunk is that the alcohol content in the body is more than 80mg per 100ml. If your alcohol content in the body reaches this value, it will constitute a dangerous driving crime.
The public security organs will file a case for investigation and transfer it to the People's Procuratorate, and the People's Procuratorate will sue the court. According to normal procedures, you will be sentenced.
But if your body's alcohol content is not significantly higher than 80 mg per 100 ml, generally no more than 180 mg per 100 ml, or 200 mg per 100 ml, in most cases, the actual sentence will not be sentenced, and a probation will generally be sentenced, and a probation will mean no need to go to jail.
The second situation: no traffic accident occurred
If you were driving a motor vehicle while drunk, you happened to be caught by the traffic police and there was no traffic accident, you just drove normally, which is much better than driving in a drunken state and a traffic accident.
Although you also constitute a dangerous driving crime, the people's court will consider it as appropriate when sentencing, which greatly reduces the possibility of actual sentence.
Because there is no traffic accident or other social harm caused by drunk driving, it is understandable that the people's court does not sentence it to a real sentence.
The third situation: Actively cooperate, confess guilt and accept punishment
After being arrested by the public security organs while driving while drunk, actively cooperate with the public security organs to investigate and handle the matter, and when being interrogated, it is stated that it admits guilt and accept punishment. This is of great benefit to the specific handling and judgment in the later stage.
So, if you are caught by the traffic police when driving a motor vehicle while drunk, the alcohol content in your body also meets the relevant standards. On the premise that the facts are clear and the evidence is indeed sufficient, your confession and punishment is the most beneficial to you.
To sum up, if you are caught by a traffic police while driving while drunk, you may not be sentenced to actual sentence, which means you may not be sentenced to jail, but the premise is that the above three conditions must be met. If the three conditions can be met at the same time, the possibility of probation will be greater, but the specific judgments made in different regions may vary and cannot be generalized, that is, it is not absolute. What do you think about this? Welcome to follow @Sun Dasheng Lifa , like, forward, and comment!
