The driving behavior of drivers whose blood alcohol content is greater than or equal to 80mg/ 100mL constitutes drunk driving. According to the evidence collection standard of criminal cases, drivers suspected of drunk driving must draw blood for evidence collection. Checking the data of alcohol monitoring instruments in drunk driving is only a way for traffic police to judge drunk driving early. By comparing the alcohol content in the suspect's body, an expert conclusion can be drawn.
At present, the blood alcohol content of 80mg and 100ml is taken as the dividing line between drinking and drunkenness in judicial practice.
1. According to the evidence collection standard of criminal cases, drivers suspected of drunk driving must draw blood for evidence collection. Checking the data of alcohol monitoring instruments in drunk driving is only a way for traffic police to judge drunk driving early. By comparing the alcohol content in the suspect's body, an expert conclusion can be drawn.
2. The standard of drunkenness or not. At present, the blood alcohol content of 80mg and 100ml is taken as the dividing line between drinking and drunkenness in judicial practice.
3. Blowing test is not included in drunk driving identification.
The main hazards of drunk driving are as follows:
1. The tactile ability is reduced. Driving after drinking, due to the anesthetic effect of alcohol, people's hands and feet feel lower than usual, and often can't control the throttle, brake and steering wheel normally.
2. The ability to judge and operate is reduced. After drinking, the reaction time to light and sound stimuli is prolonged, and the time of instinctive reflex action is also prolonged accordingly. The coordination function between sensory organs and motor organs such as eyes, hands and feet is impaired, and it is impossible to correctly judge the distance and speed.
3. Visual impairment. After drinking alcohol, people's vision will be temporarily damaged, their visual image will be unstable, and their ability to distinguish colors will be reduced, so they can't find and correctly understand traffic signals, signs and markings. At the same time, after drinking, the visual field is greatly reduced, the visual image is blurred, and the eyes are only fixed on the front target, so it is difficult to find the hidden dangers at the edge of the visual field and accidents are prone to occur.
4. Psychopathy. Stimulated by alcohol, people sometimes overestimate themselves, often ignore the suggestions of people around them, and often do things within their power.
5. fatigue.
Second, how to punish drunk driving?
Drunk driving a motor vehicle, bound by the traffic administrative department of the public security organ to sober up, detained for less than 15 days, temporarily detained for more than three months and less than six months, and fined 500 yuan to 2000 yuan; Anyone who drives or operates a motor vehicle after being drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, detained for less than 15 days, temporarily detained for less than six months, and fined for less than 2,000 yuan. If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and prohibit it from obtaining the motor vehicle driver's license again for life.
To sum up, driving and drunk driving are indeed drunk driving, but drunk driving is a lot of drunk driving, so the punishment will be heavier. Generally speaking, after determining the punishment of drunk driving and traffic management, it can also be determined that the perpetrator is a dangerous driving crime and will be sentenced according to the criminal law. I would like to remind most riders not to drink and drive. Don't feel lucky if they are not caught. Safety is the most important thing.
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