Research About Problems Of Investigation And Evidence Obtaining And Related Evidence Law For Cases Of Drunk Driving

The vehicle drunk driving behavior has sharply reduced and good social influence has gained since it has been stipulated in criminal law since 2011. However, after drunk driving was stipulated in criminal law, the quantity of drunk driving cases that public security traffic administration face and deal with increases. With the provision of criminal procedure law has higher and more strict requirements on evidence, which makes many problems exposed when law enforcement investigates and find evidence for drunk driving. Collecting, maintenance and extracting criminal evidence is a very important link when investigation organ and investigators process drunk driving cases. At present, in enforcement practice for investigation and evidence on drunk driving of public security traffic administration, often caught by subjective and objective adverse influence such as great influence on investigation and evidence environment, urgent evidence time limit and non-standard evidence measures and procedures, resulting in dilemma and even the evidence of objectivity, legality, closeness of evidence system, and it also affects cases normal handling. This article systematically analyzes the problems and reasons existing in drunk driving case investigation and evidence obtaining process from the perspectives of drunk driving case evidence obtaining means, procedures, time limit and evidence identification, and it also proposes relatively targeted methods and strategy to solve the problems.This article is divided into five parts: the first part introduces the laws, provisions applicable to drunk driving cases and standards to identify drunk drinking at present in our country. The second part introduces evidence varieties of drunk driving cases and three methods to test the alcohol content in drunk driving suspects' body. The third part analyses the problems in investigation and evidence obtaining process while handling drunk driving cases at present. It includes several special circumstances as accuracy of test results identified problem, take coercive measures problem, time limit problem and driver intentionally setting evidence obtaining obstacles, etc in drunk driving cases. The fourth part proposes evidence identification and application in drunk driving cases, it is mainly on the discussion whether to convict crime based on alcohol breathing test result when there lacks blood alcohol content test result and whether to convict crime based on other evidences when there lacks breathing and blood alcohol test results.The fifth part of this article proceeds strategy research aimed at the problems in the third and fourth part, and proposes improvement measures on drunk driving evidence obtaining and application. Firstly, strengthen training and supervision on enforcement; secondly, endow legality of mandatory evidence obtaining means; thirdly, take multiple measures and improve evidence obtaining and maintenance efficiency; fourthly, Solution of replace and escape and other creating evidence barrier case; fifthly, establish evidence identification and application rules of drunk driving case.