The penalties for drunk driving in Lu 'an are as follows:
1, drunk driving, restrained by public security organs to sober up. If the driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 5 years.
2. Driving an operating vehicle after drinking shall be restrained by the public security organ until it wakes up. If the motor vehicle driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 10 years. After obtaining a driver's license again, it is not allowed to drive an operating vehicle.
3. If a serious traffic accident occurs after drinking or drunk driving, which constitutes a crime, criminal responsibility shall be investigated according to law. Revoke the driver's license, and you can't take the driver's license for life.
Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles.
In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving motor vehicles according to law, and safeguard the safety of public and people's lives and property, this opinion is formulated in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the practice of investigation, prosecution and trial.
1, driving a motor vehicle with blood alcohol content above 80mg/ 100ml on the road is a drunk driving motor vehicle, and it is convicted and punished for dangerous driving according to the provisions of the first paragraph of Article 133 of the Criminal Law.
The relevant provisions of the Road Traffic Safety Law shall apply to roads and motor vehicles mentioned in the preceding paragraph.
2 drunk driving a motor vehicle under any of the following circumstances shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 133rd of the Criminal Law:
(a) causing a traffic accident, taking full or main responsibility for the accident, or causing a traffic accident to escape, which does not constitute other crimes;
(2) Blood alcohol content exceeds 200mg/100ml;
(3) Driving on expressways and urban expressways;
(4) driving a passenger motor vehicle;
(5) Serious violations of road traffic safety laws such as overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle number plates. ;
(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;
(7) Being subject to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(eight) other circumstances that can be severely punished.
3. Drunk driving a motor vehicle, obstructing the public security organ from inspection according to law by violence or threats, which constitutes other crimes such as obstruction of official duties, shall be punished in accordance with the provisions of combined punishment for several crimes.
4. When imposing a fine on a defendant who is drunk driving a motor vehicle, the amount of the fine appropriate to the principal punishment shall be determined according to factors such as the defendant's drunkenness, whether it has caused actual damage, and his attitude of pleading guilty and repenting.
5. The public security organ shall record the seizure process, breath alcohol content detection, blood sampling, etc. When investigating a criminal suspect who is drunk driving a motor vehicle; If conditions permit, photographs, audio recordings or video recordings shall be taken; If there is a witness, the testimony of the witness shall be collected.
6. The blood alcohol content test and appraisal opinion is the basis for determining whether the suspect is drunk. If a criminal suspect reaches the drunkenness standard stipulated in Article 1 of this opinion through the breath alcohol content test and escapes before blood collection, the breath alcohol content test result can be used as the basis for determining his drunkenness.
When a criminal suspect is inspected by the public security organ according to law, in order to avoid legal investigation, he drinks alcohol again before breath alcohol content test or blood drawing, and his blood alcohol content reaches the drunkenness standard stipulated in Article 1 of this opinion, which is regarded as drunkenness.
7. To handle criminal cases of drunk driving motor vehicles, we should strictly implement the relevant provisions of the Criminal Procedure Law, effectively protect the litigation rights of criminal suspects and defendants, and promptly investigate, prosecute and try them within the statutory time limit.
A criminal suspect or defendant who is drunk driving a motor vehicle may be detained or released on bail pending trial according to the circumstances of the case. Anyone who meets the conditions of obtaining a guarantor pending trial, but the criminal suspect or defendant can't put forward a guarantor or pay a deposit, can be placed under residential surveillance. If the circumstances are serious, the criminal suspect or defendant who violates the provisions on obtaining a guarantor pending trial and residential surveillance may be arrested.
People in Lu 'an area should reflect on whether they are just ready to drive after drinking. If they are drinking, they should stop driving and wait until the alcohol in their bodies is removed before driving. If they insist on drinking, they must consciously accept the severe revocation of driver's license, fines and even detention by the state for drunk driving.
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