If there is another drunk driving record, can you not sue?

Yes, drunk driving is suspected of dangerous driving and is a criminal offence. Criminal offences will not be prosecuted. Criminal offences will be investigated by public security departments and prosecuted by procuratorial organs, so there is no case of non-prosecution. Unless there is no evidence of drunk driving. If the drunk driving procuratorate decides not to prosecute according to law, the traffic police department will impose administrative punishment on the driver according to the provisions of the Road Traffic Safety Law, and the traffic management department of the public security organ will restrain the driver until he wakes up, revoke the motor vehicle driver's license, and pursue criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within five years.

Only those who meet the legal circumstances can not sue. For example:

(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;

The crime has passed the limitation period;

(3) Being exempted from punishment by an amnesty order;

(4) failing to tell or withdrawing the crime that should be told according to the criminal law;

(5) The death of a criminal suspect or defendant;

(6) The criminal suspect has no criminal facts.

(seven) other cases that should be exempted from criminal responsibility according to law.

Judgement criteria of drunk driving and drunk driving

1. Judgment criteria for drinking and driving: the driving behavior in which the blood alcohol content of vehicle drivers is greater than or equal to 20mg/ 100ml and less than 80mg/ 100ml.

According to the calculation, under normal circumstances, after drinking 350 ml (about 1 vial) of beer or half a bottle of white wine (20 ml), the blood alcohol concentration can reach 0.02(20 mg/100 ml), which can meet the punishment conditions of drinking and driving.

According to the provisions of the new traffic law: those who drive a motor vehicle after drinking will be temporarily detained for more than one month and less than three months, and will be fined more than 200 yuan and less than 500 yuan, with 6 points recorded. The legal punishment for driving a motor vehicle after drinking is more severe: driving after drinking will be temporarily suspended for three months, and 500 yuan will be fined, with a score of 12.

2. Judgement criteria for drunk driving: the driving behavior in which the alcohol content in the driver's blood is greater than or equal to 80mg/ 100ml. According to the national "Threshold and Test of Alcohol Content in Blood and Exhale of Vehicle Drivers", a driver's blood alcohol content reaches 20-80 mg, which is regarded as drunk driving; if it exceeds 80 mg, it is regarded as drunk driving. Blowing test is not included in drunk driving identification. According to the evidence collection standard of criminal cases, drivers suspected of drunk driving must draw blood for evidence collection. Checking the data of alcohol monitoring instruments in drunk driving is just a way for traffic police to judge drunk driving at an early stage. By comparing the alcohol content in the suspect's body, an expert conclusion is drawn.

In recent years, the control of drunk driving in China has become more and more strict. Because drunk driving is one of the reasons leading to frequent traffic accidents, the investigation and punishment efforts have been greatly improved. Therefore, don't take chances and try your best to drive the car after drinking, and don't drive or drive.

To sum up, the first drunk driving and the second drunk driving generally do not constitute recidivism. The drunk driving of the perpetrator generally does not constitute a crime, but it is an illegal act; If the perpetrator is drunk driving, it constitutes a crime of dangerous driving and should be detained and fined according to law. In order to constitute a recidivist, it is necessary to require criminals sentenced to fixed-term imprisonment or above to commit the crime of fixed-term imprisonment or above again within five years after the execution of the punishment or pardon, so it generally does not constitute a recidivist.

Legal basis:

Road Traffic Safety Law of the People's Republic of China

Article 91

Anyone who drives a motor vehicle after drinking alcohol shall be temporarily detained for six months, and shall be fined between 1,000 yuan and 2,000 yuan. Those who are punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and their motor vehicle driving licenses shall be revoked. Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years. Anyone who drives a motor vehicle after drinking alcohol shall be detained for fifteen days, fined five thousand yuan, and his motor vehicle driver's license revoked. No motor vehicle driver's license shall be obtained again within five years.