1, drunk driving reconsideration parties can apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act, as long as they think that the specific administrative act has infringed their legitimate rights and interests. According to the relevant laws and regulations, if the statutory application period is delayed due to force majeure or other legitimate reasons, the application period will continue to be counted from the date when the obstacles are removed. In addition, if the reconsideration of drunk driving is to be successful, it needs to provide new evidence, such as blood tests. Only when the blood alcohol content of a drunk driver reaches the index of drunk driving can it be defined as drunk driving.
2. Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China.
Those who drive 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.
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 driving license and shall not re-obtain the motor vehicle driving license for life.
Second, what is the processing flow of drunk driving?
1, traffic police on-site alcohol measurement;
2 drunk driving, detention of driver's license, a fine of one thousand yuan and two thousand yuan;
3 drunk driving, the traffic management department of the public security organ shall restrain the driver until he wakes up, revoke the motor vehicle driver's license, and investigate criminal responsibility according to law.