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Sitting in a car and blowing the air conditioner to sleep after drinking and not displacing is not considered drunk driving.
Don't choose to stick your car keys on it when you're drunk, as there's a good chance you'll be igniting without even realizing it. Once the vehicle is displaced, there is a high chance that an accident will occur. Even if you don't drive, you will be judged to be drunk driving.
At this time, the traffic police will also investigate the criminal responsibility of the car owner.
Let them pay for their actions. Don't choose to sit in the passenger seat after drinking, because there is a high chance that you will accidentally touch the parts on the car and cause the car to move. <>
If you are resting in the car, do not start the engine. You can turn on the power in the car and keep the car running in the air conditioner. Not only does it prevent your car from catching fire, but it also gives you peace of mind when you rest.
The traffic police are all in accordance with the law, and once they find that the car is still sitting in it after it is on fire, the owner will be arrested. Not only for the sake of your own health, but also for the sake of everyone's health. When you are drunk, you must find someone to accompany you, so that you can stop it in time when something happens.
When you're out drinking with friends, don't be too greedy. Because the more you drink, the more alcohol will continue to echo in your mind. If you don't know what will happen when you get drunk, you must open a hotel in advance.
There is a hotel with a bed that can comfortably blow the air conditioner, and there will be no accidents in the car. If you drink too much, you may become delirious and play with the car as a toy. Drinking a lot will hurt your body, and drinking a small drink will empathize, so you must grasp the right amount.
In general, if you want to blow beer and eat skewers with friends in the summer, you must not choose to drive. You can choose to take a taxi to meet your friends at the designated place, otherwise you may have an accident if you wait in the car. Because people have an inertia, that is, they will touch familiar objects when they are delirious.
Once you hit a car, you may have a major accident and may pass away forever.
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As long as you are not driving a car, steering the steering wheel, and controlling the movement of the car, then it is not considered drunk driving.
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No, it's a break, and it's not driving, which is a problem that doesn't reach drunk driving.
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If you are resting in the car, it is not considered drunk driving, and if you are driving in the car, then you will be held responsible. Or drunk driving.
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With the continuous improvement of living standards, our nightlife is becoming more and more abundant. For many male friends, it is always necessary to get together several times a week. For them, having a little drink at a party is unavoidable.
Of course, they all know the truth that you don't drink and don't drive, and you don't drink when you drive. Therefore, after drinking, many people will consciously call the driver ** or sleep directly in the car. But here's the problem.
It's too hot in the summer, and sleeping in the car after drinking will definitely turn on the air conditioner as soon as possible. Because of this, the unlucky one was arrested by the traffic police and dealt with as drunk driving. In this regard, many car owners and friends feel very aggrieved, obviously they don't plan to drive, but they just sleep in the car and think it's drunk driving?
The traffic police replied: As long as there are these two behaviors in the car, they are both drunk driving!
According to the relevant regulations, if you start or move a car after drinking alcohol, you are considered drunk driving. So if you drink alcohol, start the car while sitting in the driver's seat, and even if you sleep on your stomach, you are drunk driving. Because it was you who started the car, no one knows if you will drive next, or if you will stop immediately when you see the traffic police, and pretend to sleep in the car.
So for the sake of safety, the traffic police will strangle this behavior in the cradle. However, if you don't start the car and simply rest in the car, the traffic police can not be punished. After all, the summer is hot.
If you sleep in the car, you certainly can't leave the air conditioner on. However, it should be noted that in order to avoid being misjudged by the traffic police, you are suspected of parking and changing seats. So it's best to rest in the back row after turning on the air conditioner.
Because during the operation of the air conditioner, the engine is idling, and the gasoline is not completely burned, which will produce a large amount of carbon monoxide. If you are in a closed car, it will sneak into the human body like gas poisoning, and it is easy to cause life-threatening. Don't think we'll be fine after a night's rest.
Sometimes people wake up, but the wine is not awake. This is what we often call an overnight drink. If you drink in the middle of the night, try not to drive out the next day to avoid falling into the pit of overnight drinking.
It doesn't matter if you're in the driver's seat or not, as long as you're drunk and appear in the driver's seat, regardless of whether the car starts or not, you'll often be directly convicted of drunk driving by the traffic police! We need to know who proposes and who adduces evidence in Chinese law. So, if you say you don't plan to drive, please show evidence so that you can go to the traffic control office for administrative reconsideration.
Whether the vehicle is ignited or notSome people want to turn on the air conditioner to take a break when they are drunk, and it is precisely because of this that some people are afraid of wasting battery power and cannot catch fire. As long as the car is set on fire, I'm sorry, as long as the traffic police encounter it, it will be sentenced to drunk driving. Because a burning car can run anytime and anywhere, it is useless to talk about it at this time.
In fact, it is common to want to rest in the car after drinking, but if you drink, do not appear in the driver's seat, you can rest in the passenger seat. At this time, if you turn on the car, then blow the air conditioner, or even lie in the back, there is no problem! So as long as you don't meet the above two points, you can still tell the traffic police, but you must remember the harm of drunk driving, it must not be drunk driving, this is for yourself and others.
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As long as you start or move the car after drinking, it is considered drunk driving. So if you drink, sit in the driver's seat, and start the car, even if you sleep on your stomach, it's considered drunk driving. Because you start the car, no one knows if you want to drive next, or if you stop immediately when you see the traffic police, and pretend to sleep in the car.
Therefore, for the sake of safety, the traffic police will strangle such behavior in the cradle. But if you don't start the car and simply rest in the car, the traffic police can not punish you in this situation.
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Drunk driving refers to driving a vehicle after drinking, turning on the air conditioner after drinking, and sleeping in the car, which is certainly not drunk driving.
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Sleeping in the back of the car with the air conditioner on after drinking is of course not drunk driving, first of all, you did not touch the steering wheel, the car did not ignite, and the car was not driving on the road, so it cannot be determined that you are drunk driving.
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As long as the car does not start and does not drive, it is not considered drunk driving, and only sitting in the driver's seat and directly driving is considered drunk driving.
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Not counted. Because you were just sleeping in the car and you weren't driving, you weren't drunk driving.
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If you don't drive, it doesn't count as drunk driving. When encountering the traffic police, it can be explained directly that if you are blowing the air conditioner, if you are not wearing a seat belt, and the door is open, and there are people next to you, it is easy to be beaten.
There are also specific requirements for the characterization of drunk driving, such as drinking and driving, and you are not driving, but you are just blowing the air conditioner, so it will not be recognized as drunk driving. If you choose to lie, you have to take responsibility for your actions, drink and don't drive, and don't drink while driving, this is something that everyone knows, so take the initiative to obey the traffic laws and don't do anything illegal. However, I believe everyone understands the truth of melon fields and plums, if you are drunk, it is best to stay away from the driving position to avoid being caught by mistake when the traffic police check the car, and I am afraid that the explanation will not be clear.
Peace of mind because the heart is open, if you are not driving, you are just blowing the air conditioner, you can sit in the co-pilot or the back position, there is no need to sit in the driver's seat. If you meet the traffic police, you can directly explain that you are resting and blowing the air conditioner, because your vehicle is not moving, and you have not let go of the handbrake, so you will not be fined by the traffic police. The punishment of the traffic police also needs to be evidence-based, and if you don't do anything, you are too worried.
Because you are just drunk and physically exhausted and need to rest in the car, you are not lighting the fire and moving the car, so you are not considered drunk driving.
Drunk driving is a red line, if you are fined, you need to meet several conditions, the alcohol content in the body reaches a certain standard, through blood testing, and finally draw a conclusion, in order to judge whether it is drunk driving. At the same time, it also depends on whether you are driving a motor vehicle, if you start a motor vehicle, such as ignition, handbrake release, etc., these are considered drunk driving. If you drink and drive on the road, it is quite a dangerous thing, it is illegal, for your own safety and the safety of others, you must take the initiative to obey the traffic laws.
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Generally, after drinking, you must first park your car in a place where there are no violations, and the car cannot be started, and you can't sit in the driver's seat to sleep, you can sit in the co-pilot or the back seat; As long as you don't sit in the driver's seat, and the car doesn't start, the traffic police should be a good explanation, you just tell him that you sleep in it, and he can believe it.
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This kind of behavior will also be recognized as drunk driving, and there is no need to explain it after encountering the traffic police.
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No, you can show the traffic police the dash cam so that you can prove that you are not driving.
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1. Drinking alcohol and starting the car and turning on the air conditioner are considered drunk driving. 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 commercial motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for three months and shall be fined 500 yuan.
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 are the criteria for determining drunk driving?
1. The standard for drinking and driving is greater than or equal to 20 mg per 100 ml and less than 80 mg per 100 ml;
2. The standard for drunk driving is greater than or equal to 80 mg per 100 ml;
3. Taking the blood alcohol content of 80 mg per 100 ml as the dividing line between drinking and drunkenness, when the driver's blood alcohol content reaches 80 mg per 100 ml, the probability of traffic accidents is twice that of blood without alcohol.
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Legal Analysis: Not Drunk Driving. Just resting in the car after drinking alcohol is not considered drunk driving. However, if there is a driving behavior that causes the vehicle to move, such as igniting a fire, letting go of the handbrake, etc., you will also be held responsible.
Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China Any person who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;
2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;
3) Fleeing after causing a traffic accident that does not constitute a crime;
4) The motor vehicle is driving more than 50% of the speed limit;
5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;
6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;
8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
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According to the above statement, it should be that the vehicle does not have a displacement (not actually driving the vehicle) is not considered drunk driving, and if the vehicle is displaced, it is suspected of constituting drunk driving.
1. Whether to start the engine. The act of blowing the air conditioner must have started the engine, so regardless of whether the vehicle is driving or not, the traffic police will judge it as drunk driving.
2. Sit**. If you sit in the driver's seat, even if you don't start the engine, and the traffic police find that you are still sitting in the driver's seat after drinking, then it is very likely that you are driving the vehicle, and generally speaking, you will not be able to escape the drunk driving sentence.
The Empress Dowager Cixi asked the driver to sit shorter than her. It's a tough one. Originally, the seats in the car were all on parallel lines. The driver reluctantly said that the car broke down and resigned and left.
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. >>>More