Legal analysis

Generally not. In real life, it is true that people eat egg yolk pie and then use a mouth-blown tester to detect drunk driving. However, if the traffic police takes the person to the hospital to extract a blood sample in accordance with the law, and sends the blood sample to the Public Security Bureau Physical Evidence Identification Center for testing, It is possible to check the blood alcohol content to be 0, so it cannot be judged solely by a mouth-blown tester. The alcohol remaining in the mouth does not last long and usually evaporates quickly. By explaining to the traffic police, drawing blood for re-examination, and driving with delayed re-examination, we can avoid being found guilty of drunk driving because of eating egg yolk pie.

Legal Basis

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

Article 21 Before driving a motor vehicle on the road , the safety and technical performance of motor vehicles shall be carefully inspected; motor vehicles with incomplete safety facilities or parts that do not meet technical standards and other potential safety hazards shall not be driven.

Article 22 Motor vehicle drivers shall abide by the provisions of road traffic safety laws and regulations, and drive safely and civilly in accordance with operating specifications. Anyone who drinks alcohol, takes state-controlled psychotropic drugs or narcotic drugs, or suffers from a disease that hinders the safe driving of a motor vehicle, or is overtired that affects safe driving, is not allowed to drive a motor vehicle. No one may force, instigate or condone drivers to drive a motor vehicle in violation of road traffic safety laws, regulations and motor vehicle safe driving requirements.

Article 23 The traffic management department of the public security organ shall conduct regular inspections of motor vehicle driving licenses in accordance with the provisions of laws and administrative regulations.

Article 24: The traffic management department of the public security organ shall, in addition to imposing administrative penalties in accordance with the law, implement a cumulative points system for motor vehicle drivers who violate road traffic safety laws and regulations. The traffic management department of the public security organ shall detain the motor vehicle driving license of motor vehicle drivers whose cumulative demerit points reach the prescribed value, educate them on road traffic safety laws and regulations, and retake the examination; if they pass the examination, their motor vehicle driving license shall be returned. For motor vehicle drivers who comply with road traffic safety laws and regulations and do not accumulate points within one year, the verification period of their motor vehicle driving licenses may be extended. Specific measures shall be prescribed by the public security department of the State Council.