醉驾入刑是《刑法修正案(八)》的一大热点和亮点,有其特定的现实根据和责任根据,并借鉴了域外经验。“醉驾”包含了两个方面的内涵:一是醉酒;二是驾驶了机动车。我国对醉酒采取的是以形式标准为主、实质标准为辅的醉酒检验标准。醉驾的情形多种多样,不同情形的醉驾,其社会危害性也各不相同,对醉驾不应一律入罪。对危险驾驶罪与交通肇事罪、以危险方法危害公共安全罪之间的界限,需要从构成要件尤其是罪过和行为要求方面予以区分,并以此合理判断醉酒驾驶行为的犯罪性质。“醉驾”的刑罚处罚主要有两种,即拘役和罚金。为了适应我国社会发展的需要,我国应完善醉驾入刑的对象、行为、情节、形态和刑罚等方面。 Drunken driving into the sentence is a hot and bright spot in the Amendment to the Criminal Law (8), which has its specific realistic basis and responsibility basis and draws on the experience outside the territory. “Drunk driving ” contains two aspects of connotation: First, drunk; Second, driving a motor vehicle. China’s drunkenness is based on formal standards, supplemented by the substantive standards of drunkenness testing standards. Drunk driving a variety of situations, drunk driving in different situations, their social harmfulness is also different, drunk driving should not be uniformly criminalized. The distinction between dangerous driving offense and traffic accident crime, and dangerous act of endangering public safety crime needs to be distinguished from constitutional elements, especially criminal and behavioral requirements, so as to reasonably judge the criminal nature of drunk driving behavior. “Drunk driving ” penalties are mainly two kinds, namely, detention and fines. In order to meet the needs of our country’s social development, our country should perfect the object, behavior, plot, form and punishment of drunk driving into the penalty.