Is activating autonomous driving mode after drinking alcohol considered drunk driving? Understanding the Six Legal Misunderstandings of Drunk Driving in One Article | Motor Vehicles | Drunk Driving

Release time:Apr 14, 2024 07:42 AM

In March 2023,

Xiangzhou District People's Procuratorate of Xiangyang City, Hubei Province

Received clues transferred by the public security organs,

Li is suspected of

Driving a motor vehicle while drunk was caught by traffic police.

After testing,

Li's blood alcohol content

Up to 262.6mq/10mL,

But facing the prosecutor's interrogation,

Li insisted that he was not drunk driving.

The reason is that

Li believes that after drinking alcohol,

The vehicle's autonomous driving function has been activated,

It's not considered drunk driving.

Faced with Li's defense,

The handling prosecutor stated that,

Autonomous driving is just a type of car driving assistance system,

The driver still needs to be fully involved during the driving process.

Ultimately,

The court convicted dangerous driving

Li was sentenced to five months of detention,

And impose a fine of ten thousand yuan.

So,

Activate autonomous driving mode after drinking alcohol,

How is it regulated by law?

What legal responsibilities will be borne?

What is the difference between drunk driving and drunk driving?

What are the legal consequences faced?

Let's take a look at the professional interpretation brought by Lawyer Yue Qiang, a member of the Lawyer Expert Database of the Rule of Law Daily and Senior Partner of Beijing Hairun Tianrui Law Firm.

1. Activating autonomous driving mode after drinking alcohol is considered drunk driving? What legal responsibilities will be borne?

At present, many vehicles have the function of autonomous driving. There is no clear legal regulation on the behavior of activating autonomous driving mode after getting drunk. However, the key to drunk driving is "driving". If a vehicle is started while drinking alcohol, and the vehicle moves, it can be considered drunk driving. Autonomous driving is just an auxiliary system for car driving, playing a role in prevention and reminder. The driving subject must also be the driver himself, and the driver still needs to fully and wholeheartedly participate in the driving process, relying on manual operation for necessary operations. Therefore, it cannot be considered as true autonomous driving.

Article 91 of the Road Traffic Safety Law of the People's Republic of China stipulates that those who drive motor vehicles under the influence of alcohol shall be restrained by the traffic management department of the public security organ until they sober up, their motor vehicle driver's license shall be revoked, and criminal responsibility shall be pursued in accordance with the law; Within five years, it is not allowed to obtain a new motor vehicle driver's license. According to Article 133-1, Paragraph 1 of the Criminal Law of the People's Republic of China, if driving a motor vehicle under the influence of alcohol constitutes the crime of dangerous driving, criminal detention shall be imposed and a fine shall be imposed. Therefore, the court sentenced Li to five months of detention and fined him 10000 yuan for the crime of dangerous driving.

In addition, for motor vehicle traffic accidents caused by drunk or drunk driving, the insurance company will not compensate for the commercial insurance portion. Drunk driving is an illegal behavior and can also leave illegal records in personal files. If drunk drivers are punished with detention, they will not be allowed to engage in professions such as civil servants, judges, prosecutors, lawyers, notaries, etc. In addition, due to the regulations in China's political review, if the person under political review and their close relatives violate the criminal law due to drunk driving, it may have an impact on the person under political review.

What is the difference between drunk driving and drunk driving? What are the legal consequences faced?

According to Chinese law, drunk driving is divided into drunk driving and drunk driving. Drunk driving and drunk driving are defined based on the alcohol content in the driver's blood and breath. According to the regulations in the "Threshold and Inspection of Blood and Breath Alcohol Content for Vehicle Drivers" issued by the State Administration of Quality Supervision, Inspection and Quarantine, driving a motor vehicle with an alcohol content in the driver's blood greater than 20mg/100ml and less than 80mg/100ml is considered drunk driving; Driving a motor vehicle with a concentration greater than 80mg/100ml is considered drunk driving; The appraisal opinion of blood alcohol content test is the basis for determining whether the suspect is drunk.

Although drunk driving and drunk driving may seem similar literally, the legal consequences they face are vastly different. Article 91 of the Road Traffic Safety Law of the People's Republic of China stipulates that those who drive a motor vehicle after drinking alcohol shall have their motor vehicle driver's license temporarily suspended for six months and be fined not less than 1000 yuan but not more than 2000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol, and those who drive a motor vehicle after drinking alcohol again, shall be detained for not more than ten days, fined not less than 1000 yuan but not more than 2000 yuan, and their motor vehicle driver's license shall be revoked. Those who drive a motor vehicle under the influence of alcohol shall be restrained by the traffic management department of the public security organ until they wake up, their motor vehicle driver's license shall be revoked, and criminal responsibility shall be pursued in accordance with the law; Within five years, it is not allowed to obtain a new motor vehicle driver's license.

According to Article 133-1, Paragraph 1 of the Criminal Law, if driving a motor vehicle under the influence of alcohol constitutes the crime of dangerous driving, criminal detention shall be imposed and a fine shall be imposed; Those who commit the crime of endangering public safety by dangerous means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Those who commit the crime of endangering public safety by dangerous means and cause serious injury, death, or significant loss of public or private property shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.

In addition, driving a motor vehicle while drinking alcohol can cause other consequences and may also constitute a traffic accident crime. According to Article 2, Paragraph 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents, driving a motor vehicle under the influence of alcohol that causes serious injury to more than one person shall be deemed as the crime of traffic accidents, and shall bear all or the main responsibility for the accident.

In daily life,

Many people's understanding of drunk driving

There are many misunderstandings.

The following six legal misconceptions about drunk driving:,

Be careful!

Misconception 1

Driving a motor vehicle in a residential area under the influence of alcohol is not considered drunk driving?

Whether driving under the influence of alcohol in a residential area will be recognized as drunk driving depends on whether the community belongs to an open type community, whether social motor vehicles are allowed to pass, and whether the road sections within the community belong to the "roads" stipulated by law. Article 119 of the Road Traffic Safety Law of the People's Republic of China stipulates that "roads" refer to highways, urban roads, and places within the jurisdiction of units that allow the passage of social motor vehicles, including squares, public parking lots, and other places used for public passage. Therefore, residential areas, internal roads of units, public parking lots, underground garages, etc. that are open to the public belong to the category of roads. As long as a motor vehicle undergoes physical displacement on the road, it can be considered that driving behavior has been carried out.

If it is a closed community, only owner vehicles are allowed to enter and exit, and the road sections and parking lots within the community are not considered "roads". According to Article 77 of the Road Traffic Safety Law of the People's Republic of China, if an accident occurs when a vehicle is passing outside the road and the traffic management department of the public security organ receives a report, it shall be handled in accordance with the relevant provisions of this law. Therefore, if a traffic accident occurs while driving a motor vehicle in a closed community, which infringes upon the personal or property rights and interests of others, it should be dealt with in accordance with the provisions of the Road Traffic Safety Law.

Misconception 2

Moving a car on the road after drinking is not considered drunk driving?

Driving refers to the act of manipulating a motor vehicle to move it. If a driver moves within the "road" range after reaching the standard for drunk driving, it also constitutes drunk driving. If the perpetrator meets the standard of drunk driving, they may be suspected of the crime of dangerous driving, because this crime does not require the occurrence of specific harmful consequences. If the perpetrator commits drunk driving of a motor vehicle on the road, they are suspected of this crime.

Misconception Three

Will riding an electric bike under the influence of alcohol not be detected on the road?

According to Article 72 (3) of the Implementation Regulations of the Road Traffic Safety Law of the People's Republic of China, driving bicycles, tricycles, electric bicycles, and disabled motorized wheelchairs on the road is prohibited under the influence of alcohol. Many people believe that traffic police only inspect cars for drunk driving and not electric vehicles, and this idea is incorrect. Electric vehicles include electric cars, electric motorcycles, and electric bicycles. If you drink alcohol or drive an electric vehicle while drunk, meeting the corresponding standards may constitute administrative or criminal offenses, respectively. If driving an electric motorcycle, as it belongs to the category of motor vehicles, drunk driving or drunk driving may still constitute illegal or criminal behavior. If driving an electric bicycle, it may constitute an administrative violation. In practice, electric motorcycles and electric bicycles are mainly distinguished and recognized based on their appearance, parameters, and other aspects, and cannot be solely determined by their names.

Therefore, drinking alcohol or driving electric vehicles while intoxicated may constitute administrative or criminal offenses, and corresponding responsibilities need to be borne.

Misconception Four

Will resting in a car after drinking result in deduction of points and fines?

The determination of drunk driving traffic violations and criminal activities must meet three conditions: firstly, it belongs to drunk driving, that is, the alcohol content in the blood is greater than or equal to 80mg/100ml; 2、 Driving a motor vehicle; 3、 When driving on the road, the vehicle undergoes physical displacement after starting. If you only rest in the car after drinking alcohol, it does not constitute drunk driving. But if there is driving behavior that causes the vehicle to move, such as moving the car, legal responsibility will also be pursued.

Lawyer's special reminder is that there are many unsafe factors to rest in the car after drinking, and it may cause misunderstandings, so it should be avoided as much as possible.

Misconception 5

Do not take responsibility for instructing others to drive under the influence of alcohol?

Article 1209 of the Civil Code of the People's Republic of China stipulates that in the event of a traffic accident causing damage due to rental, borrowing, or other circumstances where the owner, manager, and user of a motor vehicle are not the same person, if the damage falls under the responsibility of one party to the motor vehicle, the motor vehicle user shall bear the liability for compensation; If the owner or manager of a motor vehicle is at fault for the occurrence of damage, they shall bear corresponding compensation liability. According to Article 22, Paragraph 3 of the Road Traffic Safety Law of the People's Republic of China, no one shall force or instruct a driver to drive a motor vehicle in violation of road traffic safety laws, regulations, and motor vehicle safety driving requirements. Therefore, instructing others to drive under the influence of alcohol may constitute a joint crime of dangerous driving, and thus be punished as drunk driving.

Even without active instigation, simple indulgence may still constitute accomplices to the crime of dangerous driving. In the case of Cai and Pan being suspected of dangerous driving, the court found that the defendant Pan, knowing that Cai was drinking alcohol, still allowed Cai to drive all his motor vehicles under the influence of alcohol, endangering public safety and did not stop him. Both of them have violated the criminal law and constitute the crime of dangerous driving, which is a joint crime.

Therefore, instructing, condoning, and forcing others to drive a motor vehicle under the influence of alcohol may all constitute accomplices to the crime of dangerous driving, and corresponding responsibilities shall be borne based on their role in the crime.

Misconception Six

In emergency situations, preparing a case does not count as drunk driving?

There are rumors that when encountering an emergency situation after drinking, such as sudden illness or other accidents, it is necessary to drive someone to the hospital for emergency treatment. At this time, the car owner can call 110 for registration and drive the patient to the hospital.

In fact, the traffic management department stated that there is no such statement. In daily life, if the above situations occur, whether the car owner will be punished or not needs to be comprehensively judged based on the actual situation. If the case of "drunk driving to send seriously ill wife for medical treatment" occurred in 2018, the court ruled that the car owner constituted an emergency evacuation and did not bear criminal responsibility. However, the judge emphasized that "at the time of the incident, Chen realized that his wife was in danger of her life and had to drive under the influence of alcohol, which was considered a necessary act of avoiding danger. The 'drunk driving to save lives' incident in this case has its rare particularity.". In reality, emergency avoidance should be considered comprehensively based on the actual situation at the time of the incident, the motives of the parties involved, the consequences of their actions, and so on. Generally, it is rarely applicable. Therefore, when encountering similar emergency situations, one should also abide by the law and seek help from professional forces such as public security, health, and fire rescue as soon as possible.

Drunk driving, drunk driving,

In fact, it is a "bargain" for life,

When lifting a wine glass, be sure to put down the car key,

Cherish life and refuse drunk driving!

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