After drinking, it is not considered drunk driving

If you don't leave after drinking, you will be considered drunk driving.

According to the relevant regulations, as long as the driver is drunk and the engine in the cab of the car is not started, he rests in the car, which is certainly not considered drunk driving. Because the car does not start, it will not cause an accident because the driver is unconscious after drinking. However, as long as the engine is started, even if there is no movement, it can be judged as drunk driving.

In addition, sleeping in the car after drinking, and the car is turned on with the air conditioner blowing warm air and air conditioning are considered drunk driving, and according to the relevant traffic laws, as long as the driver starts the motor vehicle engine, even if the vehicle is not moving, it can still be considered drunk driving.

[Legal Analysis].

Not counted. If you don't start the vehicle, you don't count as drunk driving, and if you don't drive in the driver's seat after drinking, you won't be drunk driving, and if you drive after drinking, a blood alcohol content of 80 milligrams or more than 100 milliliters is considered drunk driving. In any of the following circumstances, driving a motor vehicle while intoxicated shall be given a heavier punishment in accordance with provisions:

1) Causing a traffic accident and bearing full or primary responsibility for the accident, or fleeing after causing a traffic accident, but not constituting another crime, 2) blood alcohol content of 200 mg or more 100 ml or more, (3) driving on a highway or urban expressway, 4) driving a commercial motor vehicle carrying passengers. When the driver's blood alcohol content reaches 80mg 100ml, the chance of traffic accidents is twice as high as when the blood does not contain alcohol; When you reach 100mg 100ml, the chance of a traffic accident is twice as high as when you don't have alcohol in your blood. Even if you drink a small amount of alcohol, the risk of a traffic accident is about twice as high as that of a person who does not drink alcohol.

Legal basis] 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 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.

Legal analysis: As long as you start the car after drinking, it is drunk driving, and car ignition belongs to starting the car, so ignition in the car is considered drunk driving.

Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on a 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.

1. Is it considered drunk driving to get into the car and start a fire after drinking?

1. Drinking alcohol and getting in the car and lighting a fire is considered drunk driving. It is also not possible to start the car, as long as the car is set on fire, then there is a suspicion of driving the car, and there is no evidence to prove that the person did not drive the car away, so it is also considered drunk driving.

2. Legal basis: Article 91 of the 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 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.

2. What are the criteria for determining drunk driving?

1. Drunk driving: driving behavior of the driver with a blood alcohol content greater than or equal to 80mg 100ml;

2. Drinking and driving: the driving behavior of the vehicle driver's blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml.

Legal analysis: Yes, it is not okay to start the car, as long as the car is on fire, then there is a suspicion of driving the car, and there is no evidence to prove that you did not drive the car away, so it is also considered drunk driving.

Legal basis: "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.