Drunk driving:
1. Those who drive while drunk will be fined 6 months and fined 1,000 yuan, but shall not exceed 2,000 yuan. Anyone who is punished for drunk driving or drunk driving 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 driver's license shall be revoked.
2. Anyone who drives a commercial vehicle after drinking alcohol will be detained for 15 days, fined 5,000 yuan, his driver's license revoked, and he will not be able to obtain a new driver's license within five years.
Drunk driving:
1. Drunk driving and being restrained by the public security organs to sober up. Anyone whose driver's license is revoked will be held criminally responsible in accordance with the law and will not be allowed to obtain a driver's license again within 5 years. 2. Anyone who drives a commercial vehicle after drinking will be restrained by the public security organs until he sobers up. Anyone whose motor vehicle driving license is revoked shall be held criminally responsible in accordance with the law and shall not be allowed to obtain a driving license again within 10 years. After re-obtaining a driver's license, you are not allowed to drive commercial vehicles.
3. If a major traffic accident occurs after drinking or driving under the influence, which constitutes a crime, criminal liability shall be investigated in accordance with the law. Your driver's license will be revoked and you will not be allowed to take another driver's license test for life.
II. Relevant knowledge
Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on several issues concerning the application of law in handling criminal cases of drunken driving of motor vehicles.
In order to ensure the correct and unified implementation of the law, punish the crime of drunken driving of a motor vehicle in accordance with the law, and safeguard the safety of the public and people's lives and property, in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the practice of investigation, prosecution, and trial, we have formulated this opinion.
1. Driving a motor vehicle with a blood alcohol content of 80 mg/100 ml or more on the road is considered driving a motor vehicle while drunk. According to the provisions of Article 133, Paragraph 1, of the Criminal Law, the crime of dangerous driving shall be punished. Conviction and punishment.
The relevant provisions of the Road Traffic Safety Law shall apply to roads and motor vehicles in the preceding paragraph.
2. Anyone who drives a motor vehicle under the influence of alcohol under any of the following circumstances shall be severely punished in accordance with the provisions of paragraph 1 of Article 133 of the Criminal Law:
(1) Causing a traffic accident , bear all or major responsibility for the accident, or cause the traffic accident to escape, which does not constitute other crimes;
(2) The blood alcohol content exceeds 200mg/100ml;
(3) On the highway Driving on public roads and urban expressways;
(4) Driving a passenger motor vehicle;
(5) Driving a motor vehicle that is overcrowded, overloaded or speeding, or without driving qualifications , using forged or altered motor vehicle license plates and other serious violations of the Road Traffic Safety Law. ;
(6) Evading lawful inspection by public security organs, or refusing or obstructing public security organs lawful inspection, which does not constitute other crimes;
(7) Being punished for driving a motor vehicle after drinking alcohol Administrative penalties or criminal prosecution;
(8) Other circumstances that may result in severe punishment.
3. Anyone who drives a motor vehicle while drunk and uses violence or threats to obstruct public security organs from conducting inspections in accordance with the law, constituting other crimes such as obstructing official business, shall be punished in accordance with the provisions of concurrent punishment for multiple crimes.
4. When a fine is imposed on a defendant who drives a motor vehicle while drunk, the amount of the fine that is commensurate with the principal punishment shall be determined based on factors such as the defendant's drunkenness, whether actual damage has been caused, and his attitude of admitting guilt and repentance.
5. The public security organs should record the seizure process, breath alcohol content testing, blood sampling, etc. When investigating a criminal suspect of drunken driving of a motor vehicle, if conditions permit, photos, audio or video recordings shall be taken; if there are witnesses, the testimonies of the witnesses shall be collected.
6. The appraisal opinion of the blood alcohol content test is the basis for determining whether the suspect is drunk. If a criminal suspect meets the drunkenness standard specified in Article 1 of these Opinions through the breath alcohol test and escapes before blood collection, the breath alcohol test results can be used as the basis for determining that he is drunk.
When a criminal suspect is inspected by the public security organs in accordance with the law, in order to avoid legal prosecution, he drinks alcohol again before the breath alcohol content is tested or blood is drawn, and his blood alcohol content reaches the drunkenness standard stipulated in Article 1 of these Opinions. , considered drunk.
7. When handling criminal cases of drunken driving of motor vehicles, the relevant provisions of the Criminal Procedure Law should be strictly implemented, the litigation rights of criminal suspects and defendants should be effectively protected, and investigation, prosecution, and trial should be carried out in a timely manner within the statutory time limit.
Criminal suspects and defendants who drive a motor vehicle while drunk may be detained or released on bail pending trial based on the circumstances of the case. Anyone who meets the conditions for release on bail pending trial but is unable to provide a guarantor or pay a deposit may be placed under residential surveillance. If the circumstances are serious, criminal suspects and defendants who violate the provisions on bail pending trial and residential surveillance may be arrested.
Drunk driving is a very dangerous driving behavior. Drivers who violate road traffic safety laws and regulations should be directly detained by the public security organs and investigated for criminal responsibility, because according to the latest laws and regulations, drunk driving has been punished and constitutes the crime of dangerous driving. Therefore, drivers should strictly abide by road traffic safety laws and regulations and avoid drunk driving, which will bring danger to pedestrians and themselves.
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