1, drunk driving a motor vehicle, after being restrained by the traffic management department of the public security organ, the motor vehicle driver's license shall be revoked. Anyone suspected of dangerous driving shall be investigated for criminal responsibility according to law, and the motor vehicle driver's license shall not be re-obtained within five years;
2. Anyone who drives and operates a motor vehicle after drinking is restrained by the traffic administrative department of the public security organ, whose motor vehicle driving license is revoked, and shall be investigated for criminal responsibility according to law, and shall not re-obtain a motor vehicle driving license within ten years, and shall not drive and operate a motor vehicle.
Drunk driving process:
1, take it to the hospital for blood test and wait for the blood test report. This process usually takes 3-4 working days;
2. After the blood test report comes out, determine whether it is drunk driving or drunk driving according to the alcohol content. If it is drunk driving, it will be fined; Drunk driving or drunk driving for the second time will be detained or prosecuted at the same time.
3. After paying a certain deposit and issuing a guarantee, enter the state of bail pending trial, wait for the procuratorate to file a public prosecution with the local court and issue an indictment to the drunk driver;
4, after the court accepted, according to the investigation suggestions issued by the Bureau of justice, issued a judgment;
5. Get the verdict, cancel the bail pending trial at the local police station, get the deposit paid at that time at the designated place, and finally serve the sentence.
The constitutive elements of the crime of dangerous driving are as follows:
1. Subjectively, the subjective aspect of the crime of dangerous driving is intentional, that is, knowing that drunk driving a motor vehicle on the road endangers public safety and hoping or letting it happen;
2. Objectively speaking, chasing a racing car is a bad plot;
3. From the subject, the subject is a general subject. That is, any natural person who has reached the age of 16 and has the ability of criminal responsibility can be constituted;
4. As far as the object is concerned, like the traffic accident crime, the object of infringement is the public safety, that is, dangerous driving behavior endangers the public safety and brings potential danger to the public safety belt, that is, the life, body or property of unspecified and most people.
To sum up, drunk driving belongs to dangerous driving, criminal offence and criminal detention. Anyone who drives a motor vehicle drunk and is suspected of dangerous driving shall be investigated for criminal responsibility according to law. At the same time, the object of infringement is public safety, that is, dangerous driving behavior endangers public safety and brings potential danger to public safety belts, that is, unspecified and most people's lives, bodies or property.
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.