Legal knowledge: What is drunk driving? Is it okay to drink a bottle of beer?
Case summary:
At around 22:55 on November 6, 2021, Zhang San drove a small car through the Second Ring Express Bridge. When he arrived at Dadong District, Shenyang City, he was caught by the public security traffic police. After examination, alcohol content was detected in Zhang San's blood, and its content was 161.6 mg/100ml.
Court judgment: The facts of the defendant Zhang San committing dangerous driving are clear and the evidence is sufficient. The charge of dangerous driving is established, sentenced to two months of detention and a fine of RMB 8,000.
2. Legal citation:
"Article 1, Paragraph 2 of the Criminal Law of the People's Republic of China": "If driving a motor vehicle on the road and driving a motor vehicle while drunk, he shall be detained and fined."
"Threshold and Inspection of Blood and Exhaust Alcohol Content for Vehicle Drivers" (GB19522-2004) 3.3: "Drinking: Driving behaviors in which the alcohol content in the blood of a vehicle driver is greater than or equal to 20mg/100ml and less than 80mg/100ml."
"Vehicle Driver" Thresholds and Inspection of Blood and Exhaust Alcohol Content for Drivers" (GB19522-2004) 3.4: "Driving in drunkenness: Driving behaviors with an alcohol content in the blood of a vehicle driver with an alcohol content greater than or equal to 80mg/100ml."
3. Inspiration for this case:
1. The "Amendment to the Criminal Law of the People's Republic of China (Eight)" implemented on May 1, 2011 officially included drunkenness in the crime of dangerous driving. It is worth noting that the criminal act of drunken driving only requires the driver's blood alcohol content to meet the statutory standards, and does not require the circumstances to be bad and cause harmful consequences. This shows that my country has increased its importance to road traffic safety and actively taken measures. In judicial practice, drunk driving behaviors that only cause serious actual harmful consequences can obviously no longer meet people's psychological needs for severe punishment of drunk driving.
The sentence for drunk driving does not mean that you do not need to bear any responsibility for drunk driving. According to the provisions of the latest "Road Traffic Safety Law", driving a motor vehicle after drinking will be temporarily detained for six months of motor vehicle driver's license and will be fined between 1,000 and 2,000 yuan; driving an operating motor vehicle after drinking will be detained for fifteen days, fined for five thousand yuan, revoked the motor vehicle driver's license, and you will not be allowed to obtain a motor vehicle driver's license again within five years.
So how much alcohol you drink will be considered drunk driving, and how many will be considered drunk driving? According to the above legal citation, the alcohol content in the blood is greater than or equal to 20mg/100ml and less than 80mg/100ml is drunk driving, and greater than or equal to 80mg/100ml is drunk driving. The blood alcohol concentration of 20mg/100ml is roughly equivalent to one glass of beer, and 80mg/100ml is equivalent to 3 taels of low-alcohol liquor or two bottles of beer, but the alcohol content in the body will fluctuate depending on the individual's ability to metabolize alcohol.
