Legal analysis: in order to save people drinking and driving is also DUI, but belongs to the emergency behavior, do not need to bear the corresponding legal responsibility. China's criminal law provides for emergency evacuation, in order to make the country, public **** interests, my or others' person, property and other rights from the danger that is occurring, had no choice but to take the damage to another smaller legitimate rights and interests of the behavior, resulting in damages, not criminally liable. The cause of emergency avoidance must be a real danger. Emergency evacuation may be practiced in order to protect legitimate rights and interests. Illegal rights and interests are not allowed to avoid danger.
Legal basis: "the Chinese people's *** and the criminal law" Article 21 in order to make the state, public *** interests, myself or other people's person, property and other rights from the danger that is occurring, must not be taken as a last resort to take emergency sheltering behavior, resulting in damage, shall not be held criminally liable.
Emergency avoidance exceeds the necessary limits and causes undue damage, shall be held criminally liable, but shall be mitigated or exempted from punishment.
The provisions of the first paragraph on avoiding one's own danger do not apply to those who have specific responsibilities in their position or business.