Judging from the provisions of the Criminal Law Amendment (IX) and the Criminal Law, drunk driving a motor vehicle on the road will generally be recognized as a dangerous driving crime. According to the regulations, the driver will be detained and fined. However, if the drunk driving situation is obviously minor and harmless, it can be exempted from conviction and punishment. At this time, although it is not necessary to bear criminal responsibility, it is still necessary to bear traffic administrative responsibility.
(a) driving a motor vehicle after drinking alcohol
1, drunk driving, a six-month driver's license, and a fine of 1000 yuan to 2000 yuan. Those who were previously punished for drunk driving or drunk driving again shall be detained for less than 10, fined more than 1000 yuan but less than 2,000 yuan, and their driving licenses shall be revoked.
2. Anyone who drives an operating vehicle after drinking alcohol shall be detained on 15, fined 5000 yuan, and his driver's license shall be revoked, and he shall not re-obtain his driver's license within 5 years.
(two) drunk driving a motor vehicle
1, drunk driving, restricted by public security organs until sober. If the machine 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, drunk driving operating vehicles, organized by the public security organs sober 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, you may not drive an operating vehicle.
3, drunk or drunk driving, a major traffic accident, which constitutes a crime, shall be investigated for criminal responsibility according to law. If the driver's license is revoked, it shall not be re-obtained for life.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 133 of the Criminal Law of People's Republic of China (PRC).
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.