For drivers who are drunk driving motor vehicles, if the circumstances at this time are obviously minor and the harm is not great, they will not be convicted and punished; If the circumstances of the crime are minor and there is no need for punishment, criminal punishment may also be exempted. Drunk driving can't aggravate the circumstances, and if you plead guilty and repent, you can apply probation according to law. If the alcohol content is below 170mg/ 100ml and there are no serious circumstances, public prosecution may not be initiated or criminal punishment may be exempted. If the alcohol content is below 100mg/ 100ml and the circumstances are not serious or harmful, it can be considered that the circumstances are obviously minor and will not be transferred for review and prosecution.

First, the constitutive requirements of drunk driving are:

1, object elements, infringing on public security objects, causing personal and property losses to natural persons;

2, objective elements, driving a motor vehicle personnel objectively constitutes a crime;

3, the main elements, a natural person who has reached the age of 16 constitutes the subject of the crime;

4. Subjective requirements: The driver has intentionally acted subjectively, knowing that it will endanger the personal and property safety of most people, but still carries out the act.

Second, the dangers of drunk driving:

1, the sense of touch and operation ability are decreased.

2. The ability to judge and identify is reduced.

3, vision, reaction ability decreased.

4. It is easy to cause other traffic violations.

Legal basis: Road Traffic Safety Law of the People's Republic of China.

Article 91 Whoever drives a motor vehicle after drinking alcohol shall be detained for not more than six months and fined not less than 1,000 yuan but not more than 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked. Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.

Article 101 If a serious traffic accident occurs in violation of the provisions of laws and regulations on road traffic safety, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license. If a person escapes after a traffic accident, the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life.

Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic laws and regulations, thus causing serious accidents, causing serious injuries or deaths or causing heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.