After moving the car out of the parking space, is it drunk driving?

Learn some legal knowledge every day. Is it a drunk driving competition to move the car out of the parking space and give it to the driver after drinking?

For example:

Xiaoli and her husband drove to the class reunion. At the dinner table, everyone was very happy, drinking together to add fun. Xiaoli and her husband also want to drink. After the party, Xiaoli thought that she and her husband had just drunk and didn't want to drive, so she called the driver.

Xiaoli took the driver to the hotel parking lot. Just as the driver was preparing to drive, she found that the distance between the two cars before and after her parking was too close, which caused the driver to move several times and could not move out. Xiaoli's husband couldn't stand it anymore and decided to move the car out of the parking space and give it to the driver at once. They think it's not drunk driving if they don't drive on the road. So, does Xiaoli's husband constitute drunk driving?

Legal basis.

Article 133 of the Criminal Law.

The crime of dangerous driving is to drive a motor vehicle on the road. In any of the following circumstances, it shall be sentenced to criminal detention and fined: (1) Chasing for racing and the circumstances are bad; (two) drunk driving a motor vehicle; (3) (omitted later).

Article 119 of the Road Traffic Safety Law, the meanings of the following terms in this Law: (1) "Road" refers to expressway and urban roads and places where social motor vehicles are allowed to pass, including squares, public parking lots and other places for the public to pass. (2) (omitted later).

Whether Xiaoli's husband immediately handed over the car to the driver after drinking and moving it out of the parking space constitutes a dangerous driving crime depends on two important conditions:

1. Does the alcohol content test meet the standard of drunkenness or drunkenness?

According to the relevant laws and regulations, the driver's blood alcohol content is greater than or equal to 20mg/ 100ml, and less than 80mg/ 100ml is drunk driving; More than or equal to 80mg/ 100ml is drunk driving.

2. Does the hotel parking lot belong to the road?

Although Xiaoli's husband just moved the car out of the parking space and didn't drive to the road, the hotel parking lot is open to the public and belongs to the "road" in the Road Traffic Safety Law. Therefore, if Xiaoli's husband's alcohol test exceeds the above standards, his behavior of moving a car after drinking may be considered as drunk driving. But there may be exceptions in punishment.

However, there is another result:

According to the provisions of Article 37 of the Criminal Law, if the circumstances of the crime are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted, but according to the different circumstances of the case, it may be admonished or ordered to make a statement of repentance and compensate for the losses, or the competent department may give administrative punishment or administrative sanctions.

Xiaoli subjectively didn't want to drive intentionally after drinking, but because she couldn't stand it, the car couldn't move, so she decided to come by herself. Subjectively, she is not so vicious. Objectively, she moved the car slowly and gave it to the driver, which was less dangerous. Therefore, even if it constitutes a crime of dangerous driving, it can be exempted from criminal punishment; In short, it is best not to drive after drinking!