How to deal with drunk driving once or twice?
1. The Road Traffic Law clearly stipulates the punishment for drunk drivers: If you are caught driving on the road because of drinking, the traffic patrol will seize your motor vehicle driver's license on the spot, and you can go to the traffic patrol brigade to get your seized motor vehicle driver's license after six months, and you will also be fined. The general fine amount is between 1000 and 2000.
2. So what happens if you get caught driving on the road again because of drinking? First of all, we need to be clear, as long as you are caught drunk driving for the second time, it is the second drunk driving. Because there is no time limit for the second drunk driving and the first drunk driving, as long as you have been punished for drunk driving once, the second drunk driving belongs to the second drunk driving no matter how long it takes. And if it is the second drunk driving, it will definitely be more severe than the first punishment, because after the first punishment, you have no remorse at all and don't take drunk driving seriously at all. According to the Road Traffic Law, if a person is punished once for driving under the influence of alcohol and is punished again for driving under the influence of alcohol, his motor vehicle driver's license will be revoked directly on the spot. This time, he will not only be fined 1000 to 2,000 yuan, but also be detained. Generally, the detention time is within 10 day.
3. Legal basis: 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 between 1,000 yuan and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked.
Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained 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 driver's license revoked. No motor vehicle driver's license shall be obtained again within five years.
Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.
If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license and shall not re-obtain the motor vehicle driving license for life.
Second, how to deal with drunk driving
1, draw blood. Wait for the blood test report, about four to five days. According to the drunken state of the day, before the blood test report comes out, we need to find a relationship and hurry up.
2. Inform to take the blood test report (pay the blood test fee in 300 yuan). The root blood alcohol content is qualitative, if it is lower than 80/mg, it is drunk driving. Penalty result: the driver's license was deducted for six months and a fine of 2000 yuan was imposed. Those whose alcohol content exceeds 80/mg are drunk driving, and the punishment result: the driver's license is revoked and driving is banned for five years, and the traffic police hand it over to the procuratorate for prosecution;
3. The traffic police team informs the household registration police station to obtain a guarantor pending trial (deposit is required 1 10,000). Designated by the police station to handle the gps mobile phone number and keep it on call. This project will be completed in one day soon, and two days later. According to personal circumstances, report to the office on the 26th of every month and write a thought report by hand.
The case will be handed over to the procuratorate. It takes about one and a half months to two months to wait for the procuratorate to file a public prosecution with the court;
5, the procuratorate issued an indictment;
6, waiting for the court verdict, ten days to half a month;
7. The court issued a summons to inform the time and place of the court session, and the court entrusted the Judicial Bureau to conduct a social investigation and report to the Judicial Bureau at the same time;
8. The Bureau of Justice authorized the local judicial office to conduct the investigation. As the case may be, it will take two days, but it's hard to say if it's slow.
9. The judicial office submits investigation reports to the judicial bureau, and then the legal department submits suggestions to the court, which determines the sentence according to these investigations. It takes about three to four days;
10, the court pronounced;
1 1. Take the judgment, find the police handling the case of the traffic police team, cancel at the police station, get a bail pending trial, and then take the deposit slip to the city bureau to refund the deposit;
12, serving time. The whole event was delivered. (light sentence) takes five and a half months;
Drunk driving is really dangerous, because your brain is extremely excited when driving while drinking, and you can't react to unexpected things, so we should remember not to drive when drinking, and don't drink when driving.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Road Traffic Safety Law
Article 91. Those who drive a motor vehicle after drinking alcohol shall be detained for six months and fined between 1,000 yuan and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked.