Legal analysis: Even if the alcohol content in a motor vehicle driver’s body reaches the prescribed drunk driving standard, the circumstances are obviously minor and the person may not be convicted or punished or exempted from criminal punishment. Of course, the circumstances are obviously minor. The alcohol content in the body is not excessively higher than the standard for drunk driving, there is no traffic accident, there is no obstruction to inspection, and the attitude of guilty is good, etc.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China and the People's Republic of China. Anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and shall also be fined:

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(1) Chasing and racing, the circumstances are serious;

(2) Driving a motor vehicle while drunk;

(3) Engaging in the school bus business or passenger transportation, serious Carrying more passengers than the rated number of passengers, or driving at a speed that seriously exceeds the prescribed speed;

(4) Transporting hazardous chemicals in violation of the safety management regulations for hazardous chemicals, endangering public safety.

If the owner or manager of a motor vehicle is directly responsible for the acts in Item 3 or Item 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.

If the acts in the preceding two paragraphs also constitute other crimes, they shall be convicted and punished in accordance with the provisions of heavier penalties.

"Vehicle Drivers' Blood and Breath Alcohol Content Thresholds and Testing" 4.1 Alcohol Content Thresholds

See Table 1 for the blood alcohol content thresholds of vehicle drivers who drink or drive drunk. .

Table 1 Blood Alcohol Content Thresholds for Vehicle Drivers

Driving Behavior Category Thresholds

Driving Behavior Category Thresholds (mg/100mL)

Driving after drinking 20, <80

Driving after drinking 80