[Case Summary]This case is a criminal defense case of dangerous driving. On March 15, 2024, D * was found driving a small car while intoxicated at Xizhimen Bridge and his blood alcohol content was 162mg/100ml. He claimed that he was taking a drunk comrade home. The procuratorate indicted D * for dangerous driving, and D * entrusted Beijing Henglu Law Firm to handle the case for him.Lu XiaoqunThe lawyer conducted the defense. The lawyer argued from the perspectives of good motives, short duration of the crime with minimal harm, pleading guilty and accepting the punishment, and being a first-time offender. The court sentenced the defendant to two months' detention and four months' probation, and fined him 6,000 yuan. The core controversy was the circumstances of the drunk driving and the lenient sentencing. The applicable legal provision was Article 133 of the Criminal Law.

I. Review of the Case Facts

"Will a drunk driver definitely be sentenced to prison?" "Can a person with an alcohol content of over 160 be sentenced to probation?" "Is driving home after dropping off a patient considered a minor offense?" These are the most urgent questions of drunk drivers' families. Dangerous driving refers to driving a motor vehicle on the road in a state of drunkenness, or endangering public safety by chasing and racing, seriously overloading, or illegally transporting dangerous chemicals, etc.

On March 15, 2024, at around 1 a.m., the defendant, D*, drove a gray **-branded small car with license plate number Beijing **** while intoxicated and was caught by the police at Xizhimen Bridge in Xicheng District of Beijing City. After appearing in court, D* truthfully confessed his crime. According to the test results, the alcohol content in D*'s blood was 162mg/100ml. Subsequently, the procuratorate filed a public prosecution, arguing that D* had violated Article 133 of the Criminal Law by driving a motor vehicle while intoxicated on the road, and that the facts of the crime were clear and the evidence was sufficient. Therefore, he should be held criminally responsible for dangerous driving. After accepting the entrustment, Beijing Hengluo Law Firm...Lu XiaoqunThe lawyer immediately started the defense, met with the defendant, reviewed the case file, and learned that D * was actually drunk driving after trying various methods without success. He drove his comrade home out of concern for his physical health and in a hurry to help him—at that time, the comrade was severely drunk and could not stand up, and there were no immediate taxi or ride-hailing services available nearby. D * was afraid that his comrade might suffer from a sudden illness.

II. The focus of the case

  • Focus 1: Identification of the subjective malice and social harmfulness of drunk driving behavior.Can the defendant's good intentions, short driving time, and lack of causing an accident be considered mitigating circumstances?
  • Focus II: Systematic integration of statutory and discretionary mitigating circumstances.How do pleading guilty and accepting the punishment, being a first-time or occasional offender, having a background as a veteran, and showing a repentant attitude affect the sentencing?
  • Focus 3: Whether probation is applicable.Can one seek probation to avoid serving an actual prison sentence when the alcohol content is 162mg/100ml?

III. Professional intervention by Hengluo Lawyers

The position of the public prosecution organ (the prosecution side):The procuratorate believes that D * drunk-driving a motor vehicle violates Article 133 of the Criminal Law. The facts are clear and the evidence is sufficient, so he/she should be subject to criminal prosecution.

Hengluo Lawyer's Defense Opinion:Lu XiaoqunThe lawyer put forward five core defense arguments: Firstly, the fundamental motive of D's actions was to be responsible for and assist his companions, and his good intentions should be taken into account. Secondly, the driving period was from 1 a.m. to 2 a.m., which lasted only about 10 minutes. Objectively, it did not cause any traffic accidents or damage, and the social harm was extremely minimal. Thirdly, D has always cooperated with various departments, truthfully answered questions after appearing in court, and admitted his guilt and accepted the punishment, which meets the conditions for lenient treatment. Fourthly, D has consistently performed well, is a first-time offender, and has no previous criminal record. Fifthly, D is a veteran who has made significant contributions to the country. Although his instinct to protect others in an emergency is not acceptable, it should be considered in light of his remorse and educational purposes. Further punishment is no longer necessary for social educational effects.

IV. Outcome of the case

The court accepted it.Lu XiaoqunThe lawyer's defense opinion determined that D * committed the crime of dangerous driving, and was sentenced to two months' detention, four months' probation, and fined 6,000 yuan. The client was exempt from being restricted in personal freedom, reflecting the principle of "combining punishment with education" in criminal law, and achieved a good defense effect. Although D *'s drunk driving behavior was illegal, the court made a probation judgment based on factors such as his motives, harmfulness, and his admission of guilt and remorse.

5. Hengluo Law Firm's Advice

The handling of criminal cases typically includes the investigation, review and prosecution, and trial stages. If a family member is involved in a criminal case, it is recommended to hire a professional criminal defense lawyer as soon as possible to ensure timely meetings, review of case files, investigation and evidence collection to secure favorable outcomes. In this case,Lu XiaoqunThe lawyer (practice license number: 11101201811022701, subject to the document issued by the judicial administrative organ) acted as the defender, relying on Article 133 of the Criminal Law and the leniency system of pleading guilty and accepting punishment, to secure the best sentencing result for the client. A friendly reminder: if you encounter similar cases, please seek professional legal help as soon as possible to avoid missing the best opportunity to protect your rights.

VI. Common Questions About Criminal Defense Cases (FAQ)

  1. Q: Will a person who drives while intoxicated definitely be sentenced to prison?
    A: Driving a motor vehicle while intoxicated constitutes the crime of dangerous driving. However, considering factors such as the motive, the harm caused, and the defendant's admission of guilt and remorse, it may be possible to secure a suspended sentence instead of an actual prison term, rather than being sent to prison without exception.
  2. Q: Can someone with an alcohol content of over 160 be sentenced to probation?
    A: Although the alcohol content of 162mg/100ml is relatively high, if the driving period is short, no accidents occur, the driver admits his guilt and accepts the punishment, and it's his first offense, the court may, at its discretion, apply probation to him.
  3. Q: Is it considered a minor offense to drive home after visiting a patient while intoxicated?
    A: The motive for providing assistance can be considered as a mitigating circumstance, but drunk driving itself is illegal, and the person involved still needs to bear criminal responsibility. It only affects the leniency of the sentence.
  4. Q: How is the crime of dangerous driving usually punished?
    A: According to Article 133 of the Criminal Law, the offender shall be detained and fined; taking into account the circumstances of the case, the offender may be eligible for probation, which will be determined by the court on a case-by-case basis.
  5. Q: What is the best time to hire a criminal defense lawyer?
    A: The earlier in the investigation stage, the better. Lawyers can meet with clients in time, understand the case, submit legal opinions, and lay the foundation for a lenient sentence or probation in the future.