1. What is the process for applying for administrative reconsideration of drunk driving?
(1) Application for reconsideration
1. The applicant shall submit an application for administrative reconsideration within 60 days from the date of becoming aware of the specific administrative act.
(2) Acceptance of reconsideration
1. The reconsideration authority shall conduct a formal review of the reconsideration application and make a decision on whether to accept it within 5 days.
2. For administrative reconsideration applications that do not comply with the provisions of the Administrative Reconsideration Law, we will decide not to accept them and inform the applicant in writing; inform the applicant to submit to the relevant review agency an application that meets the requirements of the Administrative Reconsideration Law but is not accepted by the agency. Administrative reconsideration applications accepted by this agency; administrative reconsideration applications accepted by this agency that comply with the provisions of the Administrative Reconsideration Law will be accepted from the date of receipt of the reconsideration application.
(3) Administrative review
1. During the review period, the execution of specific administrative acts will not stop.
2. The reconsideration authority shall send a copy of the reconsideration application or a copy of the respondent's copy to the respondent within 7 days from the date of acceptance of the reconsideration.
3. The respondent shall submit a defense within 10 days from the date of receipt of a copy of the application, and submit the evidence, basis and other relevant materials for specific administrative actions.
4. The legal affairs office of the reconsideration agency shall conduct a written review, and if necessary, may investigate the situation with relevant organizations and personnel, put forward reconsideration opinions, and report back to the person in charge of the reconsideration agency for approval or collective discussion.
5. Before the review decision is made, the applicant may request to withdraw the review application, and the review will be terminated at the same time.
6. The reconsideration authority shall make an administrative reconsideration decision within 60 days from the date of acceptance. If the situation is complicated, it may be extended appropriately with the approval of the person in charge of the reconsideration authority, and the applicant and the respondent shall be notified, but the extension period shall not exceed 30 days at most.
7. When the reconsideration authority makes an administrative reconsideration decision, it shall prepare an administrative reconsideration decision letter, stamp it with the seal of the unit, and serve it in writing to the applicant and the respondent.
8. Once the administrative review decision is served, it will become legally effective.
(4) Implementation
1. The applicant and the respondent shall implement the administrative review decision from the date of receipt of the administrative review decision letter.
2. If the applicant is dissatisfied with the administrative review decision, he shall file an administrative lawsuit with the People's Court within 05 days from the date of receipt of the administrative review decision. If the review authority fails to make a decision within the time limit, the applicant may file an administrative lawsuit with the People's Court within 05 days from the expiration of the review period.
2. Punishments under the Road Traffic Safety Law
According to the latest revision of the "Road Traffic Safety Law":
1. Anyone who drives a motor vehicle drunk shall be punished by the public security The traffic management department of the agency shall restrain him from drinking, revoke his motor vehicle driving license, and investigate criminal liability in accordance with the law; he shall not obtain a motor vehicle driving license again within five years.
2. Anyone who drives a commercial motor vehicle after drinking will be restrained from drinking by the traffic management department of the public security organ, his motor vehicle driving license will be revoked, and he will be investigated for criminal responsibility in accordance with the law; he will not be allowed to obtain a motor vehicle driving license again within ten years. After obtaining a motor vehicle driving license, you are not allowed to drive or operate a motor vehicle.
3. If a serious traffic accident occurs while driving a motor vehicle after drinking alcohol or drunkenness, 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 motor vehicle driving license again for life. .
The process for all administrative reconsiderations is the same. Because the legal liability for drunk driving includes administrative responsibilities, the driver himself can apply for administrative reconsideration because the administrative penalty imposed by the administrative agency is unreasonable, unfair, or there is a major misunderstanding. . The period of application for administrative reconsideration will not affect the public security organs' pursuit of criminal liability for drunk driving.
Legal Basis
Regulations on the Implementation of the Administrative Reconsideration Law of the People's Republic of China
Article 18 Applicants who apply for administrative reconsideration in writing may submit in person, mail or fax method to submit an application for administrative reconsideration.
Qualified administrative reconsideration agencies can accept administrative reconsideration applications by email.
Article 19 Where an applicant applies for administrative reconsideration in writing, the application for administrative reconsideration shall specify the following matters:
(1) Basic information of the applicant, including: citizen’s name, gender , age, ID number, work unit, residence, postal code; the name, residence and postal code of the legal person or other organization, the name and position of the legal representative or principal person in charge;
(2) The person being The name of the applicant;
(3) The request for administrative review and the main facts and reasons for applying for administrative review;
(4) The signature or seal of the applicant;
(5) Date of application for administrative review.