Sitting in the driver s seat after drinking and not driving is considered drunk driving?

Not really. According to the provisions of China's Road Traffic Safety Law, driving a motor vehicle after drinking alcohol will constitute drunk driving, and sitting on a vehicle without starting after drinking alcohol does not belong to drunk driving.

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.

In this case, as long as you don't start the car, drive on the road, and get caught by the traffic police, it is not considered drunk driving! As long as you start the car or drive on the road, or are caught by the traffic police, it is drunk driving! If you think this will inspire you, click on the "...."Click again", thank you!

It shouldn't be counted, the car generally doesn't move, and you shouldn't come to check on you when you rest in the car after drinking, but it's best that you sit in the back to rest so as not to be misunderstood, please always remember not to drink and drive, and don't drink while driving. Follow the rules of the road.

If you have been sitting there, you have not started the car, and the car has not moved, then it does not count, if you start the car, it happens to be seen, it just happens to be measured, then it is counted, so I advise you not to sit in the driver's seat, after drinking, just sit in another position, why do you test the edge like this.

Sitting in the driver's seat after drinking, it's okay, as long as you don't start the car, it's okay if you don't drive, even if the traffic police look at your words, it doesn't matter.

As long as the driver sits in the driver's seat and starts the car after drinking, it is considered drunk driving, and sitting in the driver's seat and not starting the car is not considered drunk driving.

As long as you don't start the car, it doesn't count as drunk driving. However, as long as the car is started, for example, just to turn on the heater or cold air, it is considered drunk driving. So, you just don't touch the car after drinking, so you're guaranteed to be fine.

As long as the car is in the starting state, it will be considered drunk driving.

Sitting in the cab position after drinking, as long as you are not driving a vehicle and walking, it is not considered drunk driving.

If the engine is not ignited, it is not considered drunk driving. The engine ignition counts as drunk driving.

Although you are drunk and sitting in the driver's seat, but you don't move the car and don't drive, this shouldn't be considered drunk driving.

Parking spaces are not counted, roadsides are counted.

Legal analysis: Sitting in the driver's seat after drinking and not driving is not considered drunk driving, and driving after drinking and driving with a blood alcohol content of 80 mg or more than 100 ml is considered drunk driving.

Legal basis: "Opinions of the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated".

Article 1: Driving a motor vehicle on a road with a blood alcohol content of 80 milligrams or more of 100 milliliters is to be intoxicated driving a motor vehicle, and is to be convicted and punished as the crime of dangerous driving in accordance with the provisions of paragraph 1 of Criminal Law article 133-1.

The relevant provisions of the Road Traffic Safety Law shall apply to the "roads" and "motor vehicles" provided for in the preceding paragraph.

Article 2: In any of the following circumstances, driving a motor vehicle while intoxicated is to be given a heavier punishment in accordance with the provisions of paragraph 1 of Criminal Law article 133-1:

1) Causing a traffic accident and bearing full or primary responsibility for the accident, or escaping after causing a traffic accident, but not constituting another crime;

2) Blood alcohol content of 200 mg or more than 100 ml;

3) Driving on highways or urban expressways;

4) Driving a commercial motor vehicle carrying passengers;

5) Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates;

6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that have not yet constituted other crimes;

7) Those who have previously received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;

8) Other circumstances that may be given a heavier punishment.

Sitting in the driver's seat after drinking and not driving is considered drunk driving? Is it drunk driving for a person to start the engine while driving without driving? Let me tell you very clearly: this situation is drunk driving!

According to the judicial interpretation of the Supreme People's Court on the issue of drunk driving, as long as the driver sits in the driver's seat after drinking and starts the car, it is considered drunk driving!

Why is this so? Because as long as the car is started, there is a certain danger, and drunk drivers, due to slow reaction, blocked action, thinking may not be very normal, in the case of the car has been started, it is easy to misoperate, resulting in the car moving, or the car is abnormal and cannot be dealt with in time. In addition, in this case, it is difficult for traffic enforcement officers to determine whether the driver has moved the vehicle without conclusive evidence.

Therefore, in order to enforce the law fairly and ensure the safety of road traffic, it is stipulated that as long as you sit in the driver's seat after drinking and start the car, you will be judged as drunk driving. Therefore, some people want to rest in the car after drinking, blow the air conditioner, and must not sit in the driver's seat, but can sit in the passenger seat or the back seat.

In addition, there are two situations in which it is also not allowed. Some drivers think that as long as they don't drive on the road after drinking, they don't count as drunk driving, so they will move their cars in the parking lot. However, this behavior can also be punished as drunk driving.

The Road Traffic Safety Law stipulates that as long as you drink alcohol and drive the vehicle away from its original position, it can be recognized as drunk driving, rather than driving a motor vehicle on the road after drinking.

There is also a situation where overnight drinking is not considered drunk driving. According to the relevant provisions of the Road Traffic Safety Law: drunk driving is judged by the alcohol content in the driver's body, no matter when you drink, as long as your alcohol content exceeds the standard, you are considered drunk driving.

So some drivers who drank the night before and don't drive if they can still smell it the next morning.

Drunk driving is a serious offense, which is not only easy to cause traffic accidents, but also irresponsible for oneself and others. According to the new rules: as long as the driver sits in the driver's seat and starts the car after drinking, it is considered drunk driving!

Answer to the Road Traffic Safety Law of the People's Republic of China Article 91 Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for not less than one month but not more than three months, and shall also be fined not less than 200 yuan but not more than 500 yuan; 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 shall be detained for not more than 15 days and have his motor vehicle driver's license temporarily detained for not less than three months but not more than six months, and shall also be fined not less than 500 yuan but not more than 2,000 yuan. Anyone who drives a commercial motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for three months and shall be fined 500 yuan; 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, and shall be detained for not more than 15 days, have his motor vehicle driver's license suspended for six months, and shall also be fined 2,000 yuan. Where there is an act of driving a motor vehicle while intoxicated as provided for in the preceding two paragraphs within one year, and the person is punished more than twice, the motor vehicle driver's license shall be revoked, and the motor vehicle shall not be driven for five years.

If you don't drive, it certainly doesn't count as drunk driving.

I don't think sitting in the driver's seat while drunk and not driving is not drunk driving. Because the definition of drunk driving is driving on a traffic road, and it doesn't count if you don't drive.

If the car doesn't start, it's not drunk driving, and if the car starts, you're doing something like a typical drunk driver.

Not driving, only sitting in the car, is not a drunk driving behavior, as long as the party does not drive the vehicle on the road, it does not constitute a drunk driving behavior. Drunk driving is only considered to be drunk driving if you drive a vehicle on the road and have an impact on road safety.

The definition of drunk driving is the act of driving on the road after drinking, and if you only sit in the car and do not drive, it does not belong to drunk driving.

Not driving, only sitting in the car, not considered drunk driving, drunk driving is a traffic violation that must drive a vehicle and driving on the road, which is a drunk driving violation.

Drunk driving, as the name suggests, driving a motor vehicle after drinking, only if you actually drive, it is drunk driving. If you don't drive, just sit in the car, it doesn't count as drunk driving. If you move the car for 1 meter after drinking, it is also drunk driving.

If you don't drive and just sit in the car, is it considered drunk driving? How do you define drunk driving? If you don't drive a car and just sit in the car, you can't be considered drunk driving, as long as the car doesn't move, it can't be recognized as drunk driving, and as long as the car is drunk and the person moves, then it will be recognized as drunk driving.

If you sit in the car while drunk and don't build or drive on the upper deck, you won't be considered drunk driving because your vehicle is not moving.

Legal analysis: Although drunk driving in China is defined as a driver's alcohol content exceeding 20mg ml, not exceeding 80mg ml is an act of drunk driving, and the driver's license will be temporarily detained for 6 months and detained for 10 days; However, if the alcohol content exceeds 80mg ml, it is already an act of drunk driving, and the driver's license will be directly revoked, and the driver's license cannot be re-tested within five years. Since January 6 this year, the state has clearly stipulated that if the car is not started, the person sits in the driver's seat, and after drinking Qi Gao, it is already a drunk driving behavior, because I don't know if the person concerned stopped the car and turned off the engine after seeing the traffic police.

Therefore, in order to follow the drunk driving behavior, the traffic police also made it clear that sitting in the driver's seat is all for drunk driving, and I also hope that everyone can drive in a civilized manner, and at the same time, it is also responsible for the safety of others and their own lives.

Legal basis: Road Traffic Safety Law of the People's Republic of China

Article 72 After receiving the traffic accident report, the traffic management department of the public security organ shall immediately dispatch the traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible.

Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification.

For the physical and mental conditions of the parties and other professional examinations, the traffic management department of the public security organs shall entrust a special agency to conduct an appraisal. The evaluation conclusion shall be signed by the evaluator.

Article 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation by the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.

After mediation by the traffic management department of the public security organ, the parties have not reached an agreement or the mediation agreement does not perform after the effective date, the parties may file a civil lawsuit with the people's court.