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Xi'an Lianhu: Driving the next day after drinking is drunk driving? The truth is ...

Release time: January 06, 2020

As the saying goes: "Drink without drinking and drive without drinking." Most people already know how to avoid drunk driving, but the drink of the three tours the night before is a happy drink. After driving to work the next morning, wouldn't it be suspected of drunk driving?

Although drinking the wine the night before had nothing to do with the next day, many drivers were found to be drunk driving early the next morning, such as the next big brother who took it lightly.

Case review

Liu, a man, works in sales. He usually likes to make friends. Drinking alcohol is a common occurrence.

One night, Liu had a dinner with customers and colleagues as usual, and after drinking seven or two baijiu, the colleague called him to drive home when he saw this, but when he came halfway, his friend asked him to play mahjong. Let the drive stop and leave, and take a taxi to the appointment.

5 时,牌局结束后,刘某打车回到停车地叫代驾,因迟迟无人接单,刘某就睡在了车上。 At 5 am the next day , after the end of the game, Liu returned to the parking place and called for the driver. Due to the delay in receiving orders, Liu fell asleep in the car.

Three hours later, Liu was awakened by the alarm clock, thinking that it should be okay overnight, so he drove to work, but unexpectedly fell asleep while waiting for the red light, blocked the road and was awakened by the driver of the car knocking on the glass.

145.40mg/100ml Liu was seized by the police on the road again. Although the blood alcohol concentration was detected overnight at 145.40mg / 100ml .

Recently, the People's Procuratorate of Lianhu District of Xi'an City has filed a public prosecution against the man on suspicion of dangerous driving.

One of Article 133 of the Criminal Law

[ Danger of driving ] Driving a motor vehicle on the road shall be detained and punished in one of the following circumstances: (1) chasing a car with bad circumstances; (2) drunk driving a motor vehicle; (3) engaging in School bus business or passenger transportation that seriously exceeds the rated occupant to carry passengers or that travels at a speed exceeding the prescribed speed; (4) Transporting dangerous chemicals in violation of the regulations for the safety management of dangerous chemicals, endangering public safety. If the owner or manager of a motor vehicle is directly responsible for the acts in items 3 and 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph. Anyone who commits the above two acts and commits other crimes at the same time shall be convicted and punished in accordance with the heavier punishment provisions.

Prosecutor reminds

This case is a typical "overnight wine" drunk driving case.

The so-called "overnight drunk" drunk driving means that the driver drinks alcohol the night before, and wakes up the next day to drive while still drunk. The main reason is that the metabolic rate of alcohol in the human body depends on many factors and varies from person to person.

10-15g 酒精,如喝一斤白酒,酒精含量 200g ,至少需要 20 小时才能代谢完。 Normal people can digest 10-15g of alcohol per hour , such as drinking a pound of white wine, the alcohol content is 200g , it takes at least 20 hours to complete the metabolism.

This kind of situation is often overlooked because it is rare. Many people mistakenly believe that "overnight wine" is fine after one night. In fact, if you drink too much alcohol and do not metabolize, you can still measure the bleeding alcohol concentration on the second day. To this end, try not to drink alcohol the night before you need to drive, remember.

编辑:王瑾) (Contributed by Xi'an Lianhu District People's Procuratorate : Wang Jin)



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