Is drunk driving criminal or administrative?

Drunk driving is a criminal offence. Drunk driving is suspected of dangerous driving, which is an illegal and criminal act and bears criminal responsibility, so it is criminal detention. Drunk driving is administrative detention, but if drunk driving causes a major accident and is suspected of committing a crime, it is fixed-term imprisonment. According to relevant laws and regulations, if a person drives a motor vehicle while drunk, the traffic management department of the public security organ will restrain him until he wakes up, revoke his motor vehicle driver's license, and pursue criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within five years.

What's the difference between drunk driving and drunk driving?

1, China's relevant laws divide drunk driving into drunk driving and drunk driving. These two are defined according to the alcohol content in the driver's blood and breath. When the driver's blood alcohol content is greater than or equal to 20mg per 100 ml, less than 80mg is drunk driving. When the alcohol content in the driver's blood is greater than or equal to 80mg/ 100ml, it is judged as drunk driving;

2. Drunk driving is illegal and criminal. Drunk people should bear criminal responsibility for committing crimes. Those who drive a motor vehicle after drinking will be detained for six months and fined 1000 yuan, with a score of 12. The legal punishment for driving and operating a motor vehicle after drinking is more severe: those who drive and operate a motor vehicle after drinking will have their motor vehicle driver's license revoked, be placed in administrative detention for 15 days, and be fined 5,000 yuan, and may not apply for a motor vehicle driver's license again within five years.

Can the crime of traffic accident be exempted from criminal punishment?

If the crime of causing traffic accidents is generally not exempted from criminal punishment, the legal circumstances for exemption from criminal punishment are as follows: (1) If the circumstances are obviously minor and the harm is not great, it is not considered a crime. (two) the crime has passed the limitation period. (3) being exempted from punishment by an Amnesty order. (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law. (5) The criminal suspect or defendant dies. (six) other laws and regulations shall be exempted from criminal responsibility.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

One of the 133rd articles of the Criminal Law of People's Republic of China (PRC)

Crime of Dangerous Driving Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:

(a) chasing racing, the circumstances are bad;

(two) drunk driving a motor vehicle;

(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;

(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.

Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.