Driving a motor vehicle after drinking is a criminal offence. As long as it meets the standard of drunkenness, it constitutes a criminal offence and should be linked to the revised Road Traffic Safety Law. China's criminal law is connected with traffic regulations, and now it has been stipulated that drunk driving is illegal and called a criminal suspect.
The steps of handling traffic accidents are as follows:
Accept the report. After receiving a report from a party or other person, the public security traffic management department shall file a case according to its jurisdiction; 2. On-site treatment. After accepting the case, the public security traffic management department immediately sent personnel to the scene to rescue the injured and property, explore the scene and collect evidence; 3. Responsibility identification. On the basis of finding out the facts of traffic accidents, the public security traffic management department determines the responsibility of traffic accidents according to the causal relationship and function between the illegal acts of the parties involved in the accidents and the traffic accidents. 4. Reward and punish. The traffic administrative department of public security shall, in accordance with the relevant provisions, punish the person responsible for the accident with warning, fine, suspension, revocation of driver's license or detention; 5. Mediation of damages. Compensation for personal injuries and economic losses caused by traffic accidents shall be divided into corresponding compensation proportions in accordance with relevant regulations and compensation standards, and the public security traffic management department shall convene both parties to mediate. Both parties agree to reach an agreement, and the accident mediator will make and issue a conciliation statement for damages; 6. Bring a lawsuit to the court. If both parties fail to mediate within the statutory time limit, the public security traffic management department will terminate the mediation and issue a mediation conclusion, and both parties will bring a civil lawsuit to the court.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 133-1 of the Criminal Law of People's Republic of China (PRC), 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.
Threshold and test of blood and respiratory alcohol content of automobile drivers. 1 alcohol content threshold
See table 1 for the threshold of alcohol content in blood of vehicle drivers after drinking or driving after drinking.
Table 1 threshold of blood alcohol content of automobile drivers
Driving behavior category threshold
Threshold of driving behavior category (mg/ 100mL)
Drunk driving ≥20, drunk driving ≥80.