Is the success rate of drunk driving reconsideration high?
First, we need to know what drunk driving is. Drunk driving refers to driving a motor vehicle after drinking alcohol, and the alcohol content in the blood exceeds the prescribed standard. In China, according to the Road Traffic Safety Law of the People's Republic of China, the traffic administrative department of the public security organ shall revoke the driver's license and investigate the criminal responsibility according to law.
Then, can I apply for reconsideration after being punished for drunk driving? The answer is yes. According to the Administrative Reconsideration Law of People's Republic of China (PRC), citizens, legal persons and other organizations who are dissatisfied with a specific administrative act made by an administrative organ may file an application for administrative reconsideration within 60 days from the date of knowing the specific administrative act. Therefore, after drunk driving is punished, you can apply for reconsideration to the traffic management department of the public security organ that made the punishment decision within the specified time.
Next, discuss the success rate of drunk driving reconsideration. In fact, the success rate of drunk driving reconsideration is influenced by many factors, including evidence, procedures and legal provisions. The following are some factors that may affect the success rate of drunk driving reconsideration:
1. Evidence: Evidence is very important in drunk driving cases. If you can provide enough evidence to prove that you were not drunk while driving, or that your alcohol content did not exceed the prescribed standard, then your application for reconsideration may be successful. In addition, if you can provide evidence to prove that there are illegal acts in the process of law enforcement, such as law enforcement officers not following the prescribed procedures and violently enforcing the law, then your application for reconsideration may also be successful.
2. Procedure: In case of drunk driving, the procedure is also very important. If you can prove that there are procedural violations in the process of law enforcement, for example, law enforcement officers did not follow the prescribed procedures and did not inform you of your rights during law enforcement, your application for reconsideration may be successful.
3. Legal provisions: In drunk driving cases, legal provisions are the key factor to determine the success rate of reconsideration. If you can find relevant legal provisions to support your claim, your application for reconsideration may be successful. For example, if you can prove that your behavior does not constitute drunk driving, or your alcohol content does not exceed the prescribed standards, then your application for reconsideration may be successful.
4. Lawyers: In the process of reconsideration of drunk driving, the role of lawyers can not be ignored. An experienced lawyer can help you collect evidence better, analyze the case and formulate reconsideration strategies. , so as to improve your success rate of reconsideration.
To sum up, the success rate of drunk driving reconsideration is affected by many factors. If you want to improve the success rate of drunk driving reconsideration, it is recommended to fully understand the relevant laws and regulations, collect sufficient evidence and seek the help of professional lawyers before applying for reconsideration. At the same time, you also need to pay attention to whether there are illegal acts in the process of law enforcement, so as to put forward a strong defense in the process of reconsideration.
Legal basis:
Criminal law of the people's Republic of China
Article 133- 1
Anyone who 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.
Threshold and detection of blood and breath alcohol content of automobile drivers
Alcohol content threshold
See table 1 for the threshold of alcohol content in blood of vehicle drivers after drinking or driving after drinking.
Table 1 threshold of blood alcohol content of automobile drivers
Driving behavior category threshold
Threshold of driving behavior category (mg/ 100mL)
Drunk driving ≥20, < 80
Drunk driving ≥80