Is a person who drinks together in a drunk driving accident responsible?

As a driver, he should know the truth of not driving when drinking, and not drinking when driving. This is his personal non-compliance with traffic rules, and he is solely responsible. There is no responsibility for drinking with him.

1. If a drunk driver has an accident, the person who drinks together is responsible.

1. Whether the person who drinks together is liable depends on whether he has advised the deceased to drink;

2. Generally speaking, the person who advises alcohol will be judged to be at fault in the following circumstances: compulsive persuasion, persuading the other party to drink even though he knows that the other party cannot drink, failing to escort the drunk person home safely while knowing that the other party is drunk, and failing to dissuade drunk driving, resulting in car accidents and other damages;

3. If there is a causal relationship between the above wrongful acts and death, you need to bear the liability for compensation;

4. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2. Article 91 of China's "Road Traffic Safety Law" clearly stipulates that 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.

A person who commits a crime while intoxicated shall bear criminal responsibility. The perpetrator clearly knows that drunk driving violates the law and that drunk driving will endanger public safety, but ignores the law and drives while drunk, especially if he continues to drive and collide after the accident, causing a major accident, indicating that the actor subjectively has a laissez-faire attitude towards the continuous harmful results and has the intention of endangering public safety. Anyone who causes a major accident caused by such drunk driving shall be convicted of the crime of endangering public safety by dangerous means in accordance with law.

Drunk driving is driving a vehicle within 8 hours of drinking, or within 24 hours of being intoxicated. Statistics show that drivers are 15 times more likely to have an accident when driving under the influence of alcohol, and 30% of road accidents are caused by drunk driving or drunk driving.

Legal analysis: Whether the person who drinks together in a car accident is responsible depends on whether the person who drinks together is at fault, and if he knows that the other party can't drink and can't drive without dissuading it, resulting in an accident, he needs to bear some responsibility.

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. If a person drives a motor vehicle while intoxicated, Chun Yinbei shall be restrained by the traffic management department of the public pickpocketing and destruction organ until he sobers up, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with the 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.

Legal Analysis: The person who accompanied the drinker is not responsible, but if there is a traffic accident, or death, the person who accompanied the drinker is liable.

Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Threshold and test of blood and breath alcohol content of vehicle drivers》 Alcohol content threshold.

The threshold of blood alcohol content of vehicle drivers who have drunk alcohol or drive while intoxicated is shown in Table 1.

Table 1 Threshold of blood alcohol content of vehicle drivers.

Driving behavior category thresholds.

Driving behavior category threshold (mg 100ml).

Drinking alcohol and driving 20, 80

Driving while drunk 80

If a person who is involved in a drunk driving accident and drinks together is at fault for the occurrence of the accident, he is responsible. The driver is generally responsible for drunk driving accidents, but if a fellow drinker, such as forcibly pouring alcohol, or failing to fulfill the duty of supervision and care, he shall bear a certain amount of liability for compensation.

Article 118 of the Civil Code of the People's Republic of China stipulates that if the infringed person dies, his close relatives have the right to request the infringer to bear tort liability. Where the infringed party is an organization, and the organization is separated or merged, the organization that inherits the rights has the right to request that the infringer bear the liability for infringement. In the event of the death of the infringed person, the person who paid the infringed party's medical expenses, funeral expenses and other reasonable expenses has the right to request the infringer to compensate for the expenses, unless the infringer has already paid such expenses.