The second paragraph of Article 133 of the Criminal Law stipulates: whoever drives a motor vehicle to chase after a race on the road, if the circumstances are bad, or drives a motor vehicle on the road drunk, he shall be detained and fined.
Opinions of the Supreme People's Court, Ministry of Public Security of the Supreme People's Procuratorate on several issues concerning the application of law in handling criminal cases of drunk driving motor vehicles;
A, driving a motor vehicle on the road, the blood alcohol content reached more than 80 mg/100 ml, belong to drunk driving a motor vehicle, in accordance with the provisions of the first paragraph of Article 133 of the Criminal Law, convicted and punished for dangerous driving.
The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be governed by the relevant provisions of the Road Traffic Safety Law.
Two, drunk driving a motor vehicle, one of the following circumstances, in accordance with the provisions of the first paragraph of Article 133rd of the Criminal Law, a heavier punishment:
(1) Causing a traffic accident, taking full or main responsibility for the accident, or causing a flight after a traffic accident, which does not constitute other crimes;
(2) The alcohol content in blood reaches 200mg/65438 000 ml;
(3) Driving on expressway and urban expressways;
(four) driving a motor vehicle to carry passengers;
(five) serious violations of the road traffic safety law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle license plates;
(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;
(7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(eight) other circumstances that can be severely punished.