With regard to the situation of being arrested at home after drunk driving, involving the legality of law enforcement, legal procedures and consequences, the following is an analysis of key legal points: 1、 The legality of the traffic police entering the residence for law enforcement,? In principle, illegal intrusion is prohibited? The private residence is protected by the Constitution, and the traffic police have no right to break in only on suspicion. If the driver has entered the home, the traffic police usually need to apply for a search warrant to enter, otherwise it is illegal intrusion. "Legal entry in exceptional circumstances"? When the following conditions are met, the traffic police can enter the house according to law: pursue the escaped drunk driving suspect; To prevent evidence (such as vehicles) from being transferred or destroyed; Show the law enforcement certificate on site and explain the reason?. 2、 The handling process of being caught driving drunk at home,? Detection and evidence collection? The traffic police will require breath detection. If the result is ≥ 80mg/100ml (drunk driving standard), blood sampling is required immediately for retest. The vehicle and driver's license will be temporarily withheld, and a certificate of administrative coercive measures will be issued?. "Follow up coercive measures"? ,? Off the spot detention? : If the driver has returned home, the traffic police may notify him to accept follow-up investigation instead of direct detention;? Criminal filing? : After the blood test confirms drunk driving, the public security organ will file a case for investigation, transfer the case to the procuratorate for prosecution, and finally the court will decide?. 3、 Legal liabilities and consequences,? Criminal punishment? If it constitutes a crime of dangerous driving, he shall be sentenced to 1-6 months of criminal detention and a fine; If the blood alcohol content is ≥ 180mg/100ml or an accident occurs, the penalty may be increased?. "Additional punishment"? , the driver's license is revoked, and the re examination is not allowed within 5 years (10 years for operating vehicles); Public officials face dismissal, affecting their careers
#Traffic accident
Jiangsu Suzhou