Is driving after drinking "酱香拿铁" considered drunk driving? Attachment: Drunk driving judgment standards and punishment regulations

Recently, the jointly launched coffee "Moutai Luckin Liquor-flavored Latte" by Kweichow Moutai and Luckin Coffee has gone viral. The "Liquor-flavored Latte," which claims to contain Kweichow Moutai liquor in every cup, contains 53-degree Kweichow Moutai liquor.

The product image of "Liquor-flavored Latte" also indicates the groups of people who are not recommended to drink it: Liquor-flavored Latte uses liquor-flavored thick milk (containing 53°vol Kweichow Moutai liquor). Minors, pregnant women, drivers, and those allergic to alcohol are not recommended to drink it (the drink's alcohol content is below 0.5°vol).

A staff member from the Legal Affairs Section of the Beijing Municipal Traffic Management Bureau suggested in a media interview that consumers should not drive after drinking alcoholic beverages. A blood alcohol content exceeding 20 mg/100 ml is considered drunk driving. Traffic police in many places have also responded to the "Liquor-flavored Latte": it is not recommended to drink it while driving.

According to the "Thresholds and Testing of Blood and Breath Alcohol Content for Vehicle Drivers" (GB19522—2010) issued by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China:

1. Driving under the influence of alcohol

Judgment standard for driving under the influence of alcohol: The blood alcohol content of the vehicle driver is greater than or equal to 20mg/100mL and less than 80mg/100mL.

According to the calculation, under normal circumstances, after drinking 350mL (approximately equivalent to 1 small bottle) of beer or half a liang of liquor (20ml), the blood alcohol concentration can reach 0.02, which meets the penalty conditions for driving under the influence of alcohol.

2. Drunk driving

Judgment standard for drunk driving: The blood alcohol content of the vehicle driver is greater than or equal to 80mg/100mL. According to the national "Thresholds and Testing of Blood and Breath Alcohol Content for Vehicle Drivers," drivers with an alcohol content of 20-80 mg per 100 ml of blood are considered to be driving under the influence of alcohol, and those with 80 mg or more are considered to be drunk driving.

Breath testing is not included in drunk driving identification. According to the standards for evidence collection in criminal cases, blood samples must be taken from drivers suspected of drunk driving. The alcohol monitoring instrument data in drunk driving checks is only a method for the traffic police to initially judge drunk driving, and a conclusive judgment is made by comparing the alcohol content in the suspect's body.

Even without the act of driving after drinking, the following situations may constitute a joint crime of dangerous driving:

1. During the drinking process, the perpetrator, knowing that the driver must drive out, still strongly persuades or coerces and stimulates the driver to drink, and does not arrange a designated driver after drinking.

2. The perpetrator, knowing that the driver has been drinking, instigates, coerces, or orders the driver to drive a motor vehicle.

3. The vehicle owner, knowing that the borrower is drunk and wants to drive a motor vehicle, still lends the vehicle to the borrower.