Can drinking in front of the police be considered drunk driving?
The Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles, as mentioned in Article 6 above.
I thought about it. I met it. I did it. In other words, when the traffic police judge drunk driving, they don't care whether you drink before driving. Drinking in front of the police is drunk driving. It's like: whether you study hard or not, you didn't do well in the exam, and the teacher said you were absent from class and didn't study hard.
What are the possible consequences of drinking in front of the police?
Aggravating the consequences of punishment, the police drinking in front of them, in addition to not escaping the punishment of drunk driving, may make this matter more serious. First of all, as mentioned before, if you drink like this in front of the traffic police, the alcohol content in your blood will become high. Take the common Erguotou as an example: normally take a big sip, about 50 ml, and the alcohol concentration is 56%, that is, about 24 grams of alcohol. Oujiang College of Wenzhou University has a paper "Mathematical Model of Alcohol Content in Blood after Drinking", which says.
According to the average adult male's weight of 75kg, the body fluid is almost 50kg. 24g alcohol, assuming that this alcohol is absorbed by human body, is equivalent to an increase of 48mg/ 100mL in blood alcohol concentration. According to the national standard "threshold and detection of blood and breath alcohol content of motor vehicle drivers". The alcohol content in the blood is greater than or equal to 20mg/ 100mL, even if it is drunk driving; If it is greater than or equal to 80mg/ 100mL, it is deemed as drunk driving.
It even reached the heavier punishment standard of blood alcohol content of 200mg/ 100mL stipulated in the aforementioned Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles. For example, if you fall, it's a minor injury, but you don't care. Instead, you sprinkle some salt on it and it hurts like hell. If it is not done well, the salt is still not clean and the wound is infected.
In addition, in accordance with the provisions of the People's Republic of China (PRC) Public Security Administration Punishment Law. Opposing the police, drinking on the spot and splashing water may also be considered as obstructing the people's police from performing their duties according to law. Being fined or even administratively detained does not mean that it has not happened.
Other similar methods are basically useless.
In addition to on-site drinking, there are alcohol mouthwash and on-site drinking water. These methods are actually useless.
Using alcohol mouthwash and spraying alcohol mouthwash into your mouth may indeed lead to inaccurate breath alcohol test values. It is much higher than the normal level, mainly because alcohol will remain in the mouth just after spraying mouthwash. Just like: You just finished eating garlic, there will be residue, right? Will the taste be stronger? The police usually wait for you for a few minutes in this case, don't they? Then he said, "Hey, I have a bottle of mineral water here. Our people's police gave it to you. I will give you a mouthwash for free. Let's test it again, shall we? "
It is impossible to escape punishment with this excuse. In theory, binge drinking mineral water can indeed dilute alcohol, but in fact, it has little effect on the test results. There is a theoretical basis, Hebei University of Technology has a paper "Research on Breathable Alcohol Content Detector Based on STM32F407ZG", which says. Breathing alcohol test requires the subjects to exhale at moderate intensity for more than 3s after deep inhalation to detect the gas in the deep lung.
And as I said just now, an adult male has almost 50kg of body fluid, which is almost 50 L. Even if a bottle of 500mL mineral water is absorbed into the body, how much impact will it have? About 1%. This has little effect on blood test. It's like saying: when I was a child, I secretly watched TV and played computer at home. Mom and dad came back to check, and immediately: "Oh, yo" was turned off with the remote control, or something.
It's no use. The first thing mom and dad do when they come back: pop up the TV and touch it; Touch the iPad, it's very hot. "What were you doing just now?" Isn't it? The screen is black, which is useless.
When it comes to drunk driving, any behavior is meaningless.
Therefore, generally speaking, it is meaningless to drink in front of the police, spray mouthwash, or binge drink mineral water when encountering drunk driving, but it may make things worse. Still the same sentence: "Alas, driving without drinking, drinking without driving." This is very important.