Research On Driving Under The Influence Conviction

The drunk driving, means that the driver is completely or partially lose personal will anddue to alcohol with high blood alcohol content and concentration(BAC) greater than80mgper100milliliters of blood. Driving under the influence conviction,means establish drunkdriving as criminal offenses, convict and punish the perpetrator with charges of criminal law.Since the promulgation and implementation of The Amendment to the Criminal Law ofthe People’s Republic of China (VIII) on May1st,2011,the phrases “Drunk Driving” or“Driving Under The Influence Conviction” have been widely mentioned. Several serious andshocking traffic accidents happened just before the promulgation of the amendment and thesentencing caused much controversy. In legal circles, setting drunk driving and otherdangerous driving conduct as a crime is widely supported.This article describes the old traffic accident cases and analysis the lack of law first.Different court made different judgment on these similar cases because there were noapplicable and targeted laws. This means the conviction is prerequisite.In the next section, I try to explain the meaning of the Amendment, explain how criminallaw reduce drunk driving cases, and show some blemish such as non-standard investigating toreaders. It is difficult for traffic police to obtain evidence while facing drunk drivers,especially there were no enough interpretations to guide them.In the final sections. Some recommendations were given to improve the standard of thejudicature. For example, promulgate judicial interpretations or legislative interpretations.Professional chauffeur driving is also mentioned.