The Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles jointly issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security came into effect on May 1 2023. Before this, the behavior of driving a motor vehicle after drinking will no longer distinguish between "drunkenness" and "drunkenness", but will be punished according to the standard of "driving a motor vehicle". Regardless of whether drunk driving occurs on domestic roads, as long as you drive a motor vehicle on the road, you will be convicted and punished according to the standard of "driving a motor vehicle". In addition, the Opinions also clearly define eight situations as aggravating circumstances, such as "engaging in school bus business or passenger transport, seriously exceeding the rated passengers to carry passengers, or seriously exceeding the prescribed speed".
How long did you spend in prison for drunk driving?
Drunk driving is generally sentenced to more than one month and less than six months of criminal detention. If the perpetrator drives a motor vehicle drunk on the road, it constitutes a crime of dangerous driving, and he is sentenced to criminal detention and fined. In addition, if the perpetrator drives a motor vehicle to chase a race on the road and the circumstances are bad, he shall be punished in accordance with the above provisions.
The standard of drunk driving is that the alcohol content in the driver's blood is greater than or equal to 80mg- 100ml. If a motor vehicle driver is drunk driving, his motor vehicle driver's license shall be revoked and he shall not apply for a motor vehicle driver's license again within five years.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: legal objectivity;
Article 91 of the Road Traffic Safety Law of the People's Republic of China * * * whoever 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.