Is it possible to review the success rate of drink driving? Although the phenomenon of drunk driving is much less common in our lives than before, it still exists. Drunk driving is troublesome. Let’s take a look at the likelihood of a successful DUI review.
Is it possible to review the success rate of drink driving? 1The success rate of administrative reconsideration of drunk driving is basically zero. Drunk driving is prohibited in China unless you have evidence to prove that you are not driving drunk.
Legal basis: Article 133-1 of the "Criminal Law of the People's Republic of China", whoever drives a motor vehicle on the road and falls under any of the following circumstances shall be sentenced to criminal detention and shall also be fined:
(1) Chasing and racing, the circumstances are serious;
(2) Driving a motor vehicle while drunk;
(3) Engaging in school bus business or passenger transportation, seriously exceeding the rated limit Carrying passengers, or driving at a speed that seriously exceeds the prescribed speed;
(4) Transporting hazardous chemicals in violation of regulations on the safety management of hazardous chemicals, endangering public safety.
Motor vehicle owners and managers who are directly responsible for the acts in Items 3 and 4 of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Those who commit the acts in the preceding two paragraphs and constitute other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier penalties.
Thresholds for blood and breath alcohol content of vehicle drivers and testing 4.1 Alcohol content thresholds.
The thresholds for blood alcohol content of vehicle drivers after drinking or driving under the influence are shown in Table 1.
Table 1 Blood alcohol content thresholds for car drivers
Driving behavior category thresholds
Driving behavior category thresholds (mg/100mL)
Drunk driving ≥20, < 80
Drunk driving ≥80
Is the success rate of drunk driving reconsideration high? 2. Is the success rate of drunk driving reconsideration high?
The success rate of administrative reconsideration of drunk driving can actually be said to be zero. It can be refused, but only if there is no new evidence. However, if there is new evidence to prove that it is not drunk driving, the public security organ cannot refuse the application for reconsideration. In other words, as long as new evidence can be provided, the drunk driver's reconsideration application must be accepted.
As a drunk driver, a blood sample was taken from the beginning. The drunk driver’s blood alcohol content reached the indicator for drunk driving. Since there is a blood sample as evidence to prove that he was driving under the influence, it is useless to say anything. It should be no problem to rule it as a drunk driving. Even if the reconsideration is passed, the result will not change.
2. What are the penalties for drunk driving?
The "Road Traffic Safety Law" stipulates
Drunk driving:
Driving a motor vehicle while drinking alcohol is subject to a fine of 1,000 yuan to 2,000 yuan, 12 points, and temporary suspension Driving license for 6 months; driving a motor vehicle while drinking alcohol will result in a fine of 5,000 yuan, 12 points, detention for not more than 15 days, and prohibition of obtaining a driver's license again within 5 years.
Drunk driving:
Those who drive a motor vehicle while drunk will have their driver’s license revoked and will not be able to obtain a new driver’s license within 5 years. After the verdict, he will be sentenced to criminal detention and fined; if he drives a commercial motor vehicle while drunk, his driver's license will be revoked, he will not be able to obtain a new driver's license within 10 years, and he will not be able to drive a commercial vehicle for life. After the verdict, he was sentenced to detention and fined.
Article 91 of the "Road Traffic Safety Law" stipulates that anyone who drives a motor vehicle after drinking alcohol shall be detained for six months and fined not less than 1,000 yuan but not more than 2,000 yuan. Anyone who is punished for driving a motor vehicle after drinking alcohol or driving a motor vehicle after drinking alcohol again shall be detained for not more than ten days, fined not less than 1,000 yuan but not more than 2,000 yuan, and the motor vehicle driving license shall be revoked.
Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be able to obtain a motor vehicle driving license again within five years.
Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driving license shall be revoked. The motor vehicle driving license shall not be re-obtained within five years.
Anyone who drives or operates a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to obtain a motor vehicle driving license again within ten years. , you are not allowed to drive or operate a motor vehicle after obtaining a motor vehicle driving license again.
If a serious traffic accident occurs while driving a motor vehicle after drinking alcohol or intoxicated, and a crime is constituted, criminal liability shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driving license, and shall not obtain a new motor vehicle driving license for life.
The issue of the high success rate of drunk driving reconsideration can be seen in conjunction with our country’s regulations. This problem is generally impossible because drunk driving results are often reported online, so drunk driving generally does not allow reconsideration. So the best way to drink and drive is to accept the punishment.
Is it possible to succeed in a drunk driving reconsideration? 1. Is the drunk driving reconsideration successful?
The public security organs can refuse administrative reconsideration, provided that there is no new evidence. However, if there is new evidence to prove that it is not drunk driving, the public security organs cannot refuse the reconsideration request, that is, as long as new evidence can be provided, it must be accepted. Reconsideration application of a drunk driver.
As a drunk driver, blood samples were collected from the beginning. The drunk driver’s blood alcohol content reached the indicator for drunk driving before he was classified as drunk driving. Since there is a blood sample as evidence to prove drunk driving, it is useless to say anything. It should be no problem to classify it as drunk driving. Even if the reconsideration is passed, the result will not change.
2. What should I do if I don’t accept the verdict of drunk driving?
If you are not satisfied with the DUI conviction, you can appeal. Article 216 of the Criminal Procedure Law stipulates that defendants, private prosecutors and their legal representatives who are dissatisfied with the first-instance judgment or ruling of the local people's court at all levels have the right to lodge a written or oral complaint with the people's court at the next higher level. appeal. The defendant's defender and close relatives may appeal with the defendant's consent.
Parties involved in incidental civil litigation and their legal representatives may appeal against the incidental civil litigation part of the first-instance judgments and rulings of local people's courts at all levels. The defendant shall not be deprived of his right to appeal under any pretext.
3. What are the consequences of drunk driving by a civil servant?
Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to obtain a motor vehicle driving license again within five years. According to the relevant provisions of the "Regulations on the Punishment of Civil Servants in Administrative Agencies", "civil servants in administrative agencies who are sentenced to a criminal penalty in accordance with the law shall be dismissed." This means that ordinary civil servants and even officials at all levels must be dismissed from public office if they are sentenced to criminal detention for drunk driving.
The civil servant recruitment regulations also clearly stipulate that those who have been criminally punished or dismissed from public service are not allowed to apply. Not only civil servants, but also lawyers, notaries and other professions will have their practicing certificates revoked once they are subject to criminal penalties. For an individual, this affects almost a lifetime.