Drunk driving is a crime of dangerous driving and should be punished by criminal detention. The maximum criminal detention is 6 months. According to the criminal law, a drunken person should bear criminal responsibility for committing a crime.
The actor knows that drunk driving is illegal and will endanger the safety of the public, but ignores the legal provisions of drunk driving, especially after the accident, causing heavy casualties, which shows that the actor subjectively let the continuous harmful results drift and has the intention of endangering the safety of the public. According to the provisions of Threshold and Test of Alcohol Content in Blood and Exhaled Gas of Motor Vehicle Drivers (GB 19522—2004) issued by the State Administration of Quality Supervision, Inspection and Quarantine, it is pointed out that drinking driving refers to the driving behavior that the alcohol content in blood of motor vehicle drivers is greater than or equal to 20mg/ 100ml and less than 80mg/ 100ml. Drunk driving refers to the driving behavior that the alcohol content in the blood of vehicle drivers is greater than or equal to 80mg/ 100ml.
The legal basis is Article 91 of the Law of the People's Republic of China on Road Traffic Safety (20 1 1 Revision).
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.
Article 133. Violation of traffic management regulations, resulting in a major accident, causing serious injuries, death or heavy losses to public and private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years. Article 42 The term of criminal detention is from one month to six months.