Study On The Investigation Procedure Of Drunk Driving Cases

Drink-driving cases include drink-driving illegal cases,drink-driving dangerous cases and drink-driving accident cases which are transformed into other types of crimes.The dual evaluation of criminal and administrative aspects is the main feature of dealing with drinkdriving dangerous cases.The investigation procedure of drunk driving case in this paper refers to the investigation procedure that is directly identified as the drunk dangerous driving case and the drunk driving accident is transformed into other types of criminal cases.Traffic police have the functions of administrative law enforcement and criminal justice at the same time,and the handling of drunk driving cases is pragmatic.Drunk driving cases are often transformed between the three types of cases mentioned above,which poses a higher challenge to the handling of traffic police cases.At present,the specific procedures for handling these three types of cases are not strictly differentiated in legislation,and the laws and regulations are relatively vague.The lag in legislation leads to the passivity of traffic police in enforcing the law in the face of drunk driving suspects.The first part mainly expounds the meaning,types and characteristics of the investigation procedure of drunk driving cases.The investigation procedure of drunk driving cases refers to the sum of legal litigation activities conducted by public security organs in the process of handling drunk driving cases,in order to find out the criminal facts and capture the criminal suspects,and in accordance with the law,the special investigation work and corresponding mandatory measures are taken by using various investigation measures and means.It is divided into the criminal cases directly identified as drunk driving and drunk driving accident into other types of criminal cases of the investigation procedures,It has the characteristics of urgency,complexity of judgment,multiplicity of measures and precondition of procedure.The second part mainly expounds the problems existing in the investigation procedures of drunk driving cases.This paper introduces the problems of using breath test results as evidence,breaking Windows to enforce the law,forcing blood samples to be taken,and restraining drunkards to sober up.The third part analyzes the reasons for the above problems in the investigation process of drunk driving cases of traffic police,which are mainly reflected in the fact that the breath alcohol test results do not rise to the level of laws and regulations,and there are no clear legal provisions on relevant law enforcement activities.The fourth part is the suggestion,drunken driving cases investigation procedure mainly puts forward the specification blood alcohol detection,a change in the law,a clear mandate,perfect law enforcement supervision system,to set up the pending custody of examination andapproval and to extend the detain deadline audit supervising system and so on,in order to solve the traffic police in handling cases of drunk driving problems existing in the actual detection process.