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After drinking, turn on the autopilot mode and go home, is sleeping in the passenger seat considered drunk driving?
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Our country is also very strict about the investigation of drunk driving, and criminal detention is seriously imposed. But now with the advent of autonomous driving, then some people have questions, if you use an autonomous vehicle to go home after drinking, does it count as drunk driving if you sit in the passenger seat and sleep?
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It should be counted, at least someone has to sit on the main driver's seat, at least it is safe.
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To a certain extent, it should be countable, after all, it's still drinking.
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I think it should be counted too, but it's actually very unsafe.
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If that's the case, it shouldn't be counted, after all, someone is driving.
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Will misjudge why let production.
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Drunk driving refers to the illegal act of driving a motor vehicle under the influence of alcohol, and the co-pilot passenger does not actually drive the motor vehicle, and there is no provision for the punishment of drunk driving and co-driving, so it is not punished, but if you know that the driver is also drunk and driving, you will also be criminally punished as an accomplice to the crime of dangerous driving.
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1. Is it considered drunk driving to sit and rest after drinking?
1. Sitting and resting after drinking is not considered drunk driving. Drunk driving after driving with a blood alcohol content of 80 mg per 100 milliliters or more is considered drunk driving, drunk driving vehicles belong to drinking and starting the vehicle and driving on the road can be recognized as drunk driving or drunk driving, drunk in the cab, starting the vehicle but not starting should not be regarded as drunk driving, only starting can be regarded as drunk driving.
2. Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China.
Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.
If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.
Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.
Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.
2. What is the difference between drunk driving and drunk driving.
The differences between drunk driving and drunk driving are as follows:
1. The alcohol content in the driver's blood and breath is different. A drunk driver has an alcohol content greater than or equal to 20 milligrams per 100 milliliters of blood and less than 80 hautes. Drunk drivers have an alcohol content greater than or equal to 80 milligrams per 100 milliliters of blood;
2. The punishment is different. Those who drive a motor vehicle after drinking alcohol shall have their motor vehicle driver's license suspended for 6 months. If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, investigate criminal responsibility in accordance with law, and shall not re-obtain a motor vehicle driver's license within 5 years;
3. The amount of fines is different, if you are punished for driving a motor vehicle after drinking, and if you drive a motor vehicle after drinking again, you shall be detained for up to 10 days, and a fine of not less than 1,000 yuan but not more than 2,000 yuan, and the motor vehicle driver's license will be revoked. Anyone who drives a commercial motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with the law, and shall not re-obtain a motor vehicle driver's license within 10 years, and shall not drive a commercial motor vehicle after re-obtaining a motor vehicle driver's license.
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The passenger in the car belongs to the passenger, and whether the passenger is drunk or not has little to do with drunk driving. It shouldn't be possible to judge drunk driving. But when you start the car, it's worth reflecting on. Don't be clever.
Don't drink and don't drive, don't drink while driving. This is not just words, but everyone should take responsibility for their own safety and the safety of others. According to the provisions of the "Threshold of Blood and Breath Alcohol Content of Vehicle Drivers and Crackle Cavity Removal Test" (GB19522-2004) issued by the State Bureau of Quality Supervision, Inspection and Quarantine of the People's Republic of China, the regulations point out that drinking and driving refers to the driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml.
Drunk driving refers to the driving behavior of the driver of a vehicle with a blood alcohol content greater than or equal to 80mg 100ml.
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Traffic accidents are easy to occur because people who drive a motor vehicle after drinking alcohol have greatly reduced their ability to control the vehicle and respond to emergencies. Therefore, China's investigation and punishment of drunk driving is very large, once drunk driving occurs, points will be directly deducted and fined, and serious criminal detention will be given.
However, with the continuous development of the automotive industry in recent years, autonomous driving seems to be more common. If you use self-driving to drive a Tesla home after drinking, does it count as drunk driving when you sit in the co-pilot and sleep?
In fact, the development of the automatic redundant driving function has not yet achieved complete unmanned driving. Many cars, including Tesla, are equipped with so-called self-driving functions that are only an auxiliary function designed to achieve fatigue driving that can occur for long-distance commuters.
During the use of Tesla Cars, a warning message will pop up: This will not make your vehicle autonomous. A Tesla spokesperson also said that the so-called self-driving features are based on data collected by map data, fleet data and vehicle sensors, but the driver is responsible for maintaining control of the vehicle at all times, including safely changing lanes.
Therefore, the so-called autonomous driving is just a function of the motor vehicle, which is consistent with the basic concept of cruise control. It is the driver's own will to set the destination when the autonomous driving is turned on, but the driver still needs to intervene in the vehicle during the driving process to avoid the situation of vehicle judgment error.
If you sit in the passenger seat and sleep without intervening after drinking, you are likely to have a serious traffic accident. As early as 2016, there was a traffic accident in China in which a Tesla Model S was driven due to a mistake in the judgment of the car, resulting in a rear-end collision with the road sweeper in front, resulting in the death of the driver on the spot.
Therefore, it is absolutely not allowed to turn on the automatic driving function and sit in the passenger seat, which in itself is an illegal act of filial piety. In addition, according to the provisions of China's "Traffic Safety Law", as long as the engine is started after drinking, even if the car does not move, it can still be recognized as drunk driving.
Therefore, if you use the autopilot function to drive a Tesla home after drinking, and the person sits in the co-pilot, it must be considered drunk driving. In the event of an accident, it is likely to cause the car to be destroyed and killed, and in serious cases, it will bear the corresponding criminal responsibility.
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The lawyer replied: Drunk driving.
According to Article 91 of the "Road Traffic Safety Law", a person who drives a motor vehicle after drinking alcohol shall be subject to a six-month suspension of the motor vehicle driver's license and a fine of not less than 1,000 yuan but not more than 2,000 yuan.
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After drinking, self-driving is drunk driving, Tesla's so-called "autopilot" function, the accurate word can only be called "automatic assisted driving", that is, it is only an auxiliary function, and it is not recommended or supported that the driver's hands leave the steering wheel for a long time, as long as the hands are off the steering wheel for more than ten seconds, the vehicle will sound an alarm. After being caught by the traffic police, he should be punished as drunk driving and drunk driving.
Even if Tesla can achieve full self-driving, there is a special sentence in the function introduction, "The application of autonomous driving functions needs to be confirmed by a large number of software legalities that vary from region to region, and to obtain permission from local laws and regulations." "According to the current relevant laws and regulations in our country, autonomous driving is illegal, and motor vehicles must be driven by qualified drivers. In short, even if you have already paid for it** and have an expensive "full self-driving function", you still need to decide whether you can use it according to local laws.
Of course, some friends who know Tesla probably know that Tesla does now have "full active driving results", the whole car is equipped with 8 cameras, and I heard that it can complete active driving in any road conditions. However, Tesla also has a special sentence in the introduction of the results: "The application of active driving results needs to be confirmed by a large number of software legality that varies from region to region, and is allowed by local law enforcement and rules."
According to the current domestic law, autonomous driving is illegal, and the motor vehicle must be driven by a qualified driver. For example, if the driver picks up a call on the road (one hand briefly disengages from the steering wheel) and deducts 2 points, using automatic driving, taking both hands off the steering wheel for a long time, the violation is more serious. Previously, Volvo's test of unmanned driving on Beijing's Sixth Ring Road, and Robin Li's test of unmanned driving, were essentially illegal.
Photo by Pacific Automobile Network Q&A).
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