Is Drunk Driving with BAC 80-140 Not Prosecuted?
2 Answers
The possibility of not being prosecuted for drunk driving with a blood alcohol concentration (BAC) of 80-140 is very low, as this already constitutes drunk driving. Handling Procedures: The offender should bear criminal responsibility, as it constitutes the crime of dangerous driving. The case will be investigated by public security authorities, then transferred to the procuratorate for review and prosecution, followed by trial and judgment by the court. Definition of Non-Prosecution: Non-prosecution refers to the procuratorate's decision to terminate legal proceedings by not transferring the case to the People's Court for trial after reviewing a criminal case that has concluded investigation. Traffic police do not decide whether to prosecute drunk driving cases; it is the People's Procuratorate that determines whether to prosecute in court, after which the court makes a legal judgment on the case.
I've been driving for over ten years and often hear friends talking about drunk driving. The blood alcohol concentration (BAC) range of 80 to 140 mg/100ml is actually the legal threshold for drunk driving. Generally speaking, exceeding 80mg/100ml is considered drunk driving, and the police will file a case for investigation if detected. In most cases, prosecution is inevitable, and a court appearance is unavoidable. A friend of mine two years ago had a few beers at night and drove home, tested at over 90 mg/100ml, was immediately detained, and later received a suspended sentence plus a fine, losing his job as well. That said, if the BAC is just over 80 mg/100ml, no accident is caused, the driver pulls over quietly and cooperates with the inspection, shows sincere remorse, and it's a first offense, some places might let it slide with just education or a fine—though this is rare and depends on the specific circumstances. A BAC of 140 mg/100ml is definitely severe, with an extremely high chance of prosecution. The most important thing about driving is safety. Don’t touch the wheel after drinking—taking a taxi or hiring a designated driver is both convenient and worry-free, saving you from lifelong regret.