The judgment criteria for drinking and driving are as follows:
1. Driving behavior in which the vehicle driver’s blood alcohol content is greater than or equal to 20mg/100mL and less than 80mg/100mL;
< p>2. According to calculations, under normal circumstances, after drinking 350mL (approximately equivalent to 1 bottle) of beer or half a liang of liquor (20ml), the blood alcohol concentration can reach 0.02 (20mg/100ML), which is equivalent to drinking and driving.2. The blood alcohol concentration reaches 0.02 (20mg/100ML), which means the penalty conditions for drinking and driving are met.
3. Anyone who drives a motor vehicle after drinking alcohol shall have his or her motor vehicle driving license temporarily suspended for not less than one month but not more than three months, and shall be fined not less than 200 yuan but not more than 500 yuan, and shall be recorded with 6 points. The legal penalties for driving a commercial motor vehicle after drinking alcohol are more severe: Those who drive a commercial motor vehicle after drinking alcohol will be subject to a three-month suspension of their motor vehicle driving license, a fine of 500 yuan, and 12 points.
The criteria for judging drunk driving are as follows:
1. Driving behavior in which the alcohol content in the driver’s blood is greater than or equal to 80mg/100mL. According to relevant laws and regulations, a driver with an alcohol content of 20-80 mg in 100 ml of blood is considered drunk driving, and a driver with an alcohol content of 80 mg or more is considered drunk driving.
The definition of case files is as follows:
1. According to the "On Establishing a Criminal File System for Criminal Offenders" issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice Notice of "Opinions": Case file refers to the record of a person's criminal behavior. Also known as the criminal record system, in our country's law it generally refers to the archival records of criminal convictions, and criminal records are generally stored in the public security department;
2. There is no criminal record elimination system in our country, and these records will It accompanies the parties throughout their lives, but the case files are not disclosed to anyone. They are only disclosed to the public after judicial agencies or lawyers handle criminal cases and submit them to the competent authorities for approval. These records are not available to ordinary organizations and individuals. A criminal record will have little impact on the client's future life, but a criminal record will have an impact on the client and his or her children.
To sum up, you are not allowed to drive while driving under the influence of alcohol. Your driver’s license will be suspended for 6 months. Driving during the period of suspended driving license will result in a fine of 200 yuan to 2,000 yuan. If a driver drives a motor vehicle while his driver's license is suspended, he is driving without a license. Driving a motor vehicle without a license is a very serious situation. The driver's license was detained by the traffic police for six months. Only after half a year has passed and you retake subject one can you get your driver's license back.
Legal basis:
Article 22 of the "Road Traffic Safety Law of the People's Republic of China"
Motor vehicle drivers shall abide by the road traffic regulations Safety laws and regulations, safe driving and civilized driving in accordance with operating specifications.
Those who drink alcohol, take state-controlled psychotropic drugs or narcotic drugs, or suffer from diseases that impede the safe driving of a motor vehicle, or are overtired that affects safe driving, are not allowed to drive a motor vehicle.
Article 91
Anyone who drives a motor vehicle after drinking alcohol shall have his or her motor vehicle driving license temporarily suspended for not less than one month but not more than three months, and shall also be fined not less than RMB 200 but not more than RMB 500. The following fines are imposed;
Anyone who drives a motor vehicle while drunk shall be restrained by the traffic management department of the public security organ until he sobers up, and shall be detained for not more than fifteen days, and his motor vehicle driving license shall be temporarily withheld for not less than three months but not more than six months. A fine of not less than RMB 500 but not more than RMB 2,000 shall be imposed;
Whoever drives a commercial motor vehicle after drinking alcohol shall have his motor vehicle driving license temporarily suspended for three months and shall also be fined RMB 500; Driving a commercial motor vehicle while drunk shall If so, the traffic management department of the public security organ will restrain him until he sobers up, and he will be detained for not more than 15 days, his motor vehicle driving license will be temporarily suspended for six months, and he will be fined not less than 2,000 yuan but not more than 20,000 yuan;
One Anyone who drives a motor vehicle during the year and is subject to the above penalties again will have his motor vehicle driving license revoked and will not be allowed to drive a commercial motor vehicle within five years.
Article 108
The party concerned shall pay the fine at the designated bank within 15 days from the date of receipt of the decision on administrative penalty of fine. Fines for pedestrians, cyclists and non-motor vehicle drivers may be collected on the spot if the parties concerned have no objections. Fines shall be issued with a fine receipt uniformly issued by the financial department of the province, autonomous region, or municipality directly under the Central Government; if a fine receipt uniformly issued by the financial department is not issued, the party concerned has the right to refuse to pay the fine.
Article 109
If a party fails to fulfill the administrative penalty decision within the time limit, the administrative agency that made the administrative penalty decision may take the following measures:
(1) If the fine is not paid when due, an additional fine of 3% of the fine amount will be imposed every day;
(2) Apply to the People's Court for enforcement.
Article 26 of the "Regulations on Procedures for Handling Road Traffic Accidents"
The traffic police shall check the identity documents, motor vehicle driving licenses, motor vehicle driving licenses, insurance signs, etc. of the parties involved; Those suspected of traffic accident crimes may be summoned in accordance with the law.
Article 27
After investigating the accident scene, the traffic police shall inventory and register the items left at the scene, quickly organize the cleanup of the scene, and restore traffic as soon as possible.
If the items left behind on site can be returned on the spot, they should be returned on the spot and kept in record; if the owner cannot be determined on site, they should be properly kept and returned in time after the owner is determined.
Article 28
The traffic management department of the public security organ may detain vehicles and motor vehicle driving licenses due to the need to collect evidence and issue certificates for administrative compulsory measures. Impounded vehicles and motor vehicle driving licenses shall be properly kept.
The traffic management department of the public security organ shall not detain the goods contained in the accident vehicle. After verifying the weight, volume and loss of the cargo, notify the driver of the motor vehicle or the owner of the cargo to handle it themselves. If it is impossible to notify the party concerned or the party concerned does not handle the matter on his own, it shall be handled in accordance with the relevant provisions of the "Procedural Regulations of Public Security Organs for Handling Administrative Cases".
Article 29
Due to the need to collect evidence, the traffic management department of the public security organ may seize items related to the accident and issue a list of seized items in duplicate. Holder of seized items, one copy attached. Seized items should be properly kept.
The detention period shall not exceed 30 days. If the case is serious or complex, it may be extended for 30 days with the approval of the person in charge of the public security organ at the same level or the person in charge of the traffic management department of the public security organ at the next higher level; laws and regulations provide otherwise Except as specified.