Anyone who drives a motor vehicle drunk 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 five years.
But administrative reconsideration is allowed. If you are dissatisfied with the decision on administrative punishment issued by the traffic police brigade, you may apply for administrative reconsideration to the traffic management department at the next higher level. Because you have your motor vehicle driver's license revoked because of drunk driving, the probability of successful administrative reconsideration is very small, unless your drunk driving is determined to be wrong, because according to the law, drunk drivers will have their motor vehicle driver's license revoked. There is nothing wrong with this punishment, so the probability of successful administrative reconsideration is very small, but you can exercise your rights and conduct reconsideration.
Under any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:
1, refuses to accept the administrative punishment decisions made by the administrative organ, such as warning, fine, confiscation of illegal income, confiscation of illegal property, order to stop production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, administrative detention, etc. ;
2. Dissatisfied with administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property made by administrative organs;
3. Dissatisfied with the decision made by the administrative organ to change, temporarily suspend or revoke the license, license, qualification certificate and other documents;
4. Dissatisfied with the decision of the administrative organ to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas;
5, that the administrative organ violates the legitimate right to operate independently;
6, that the administrative organ to change or abolish the agricultural contract, infringe upon their legitimate rights and interests;
7, that the administrative organ illegal fund-raising, property collection, apportion expenses or illegal requirements to perform other obligations;
8, that meet the statutory conditions, apply for administrative organs to issue permits, licenses, qualification certificates, qualification certificates and other documents, or apply for administrative organs for examination and approval, registration related matters, the administrative organs did not handle;
9, apply to the administrative organ to perform the statutory duties of protecting personal rights, property rights and the right to education, and the administrative organ fails to perform according to law;
10, applying to the administrative organ for granting pension, social insurance or minimum living guarantee according to law, but the administrative organ fails to do so according to law;
1 1, believing that other specific administrative acts of administrative organs infringe upon their legitimate rights and interests.
To sum up, anyone who refuses to accept any specific administrative act can file an administrative reconsideration without any restrictions, and can apply for reconsideration no matter what rights the specific administrative act affects citizens, legal persons or other organizations.
There are the following procedures for applying for administrative reconsideration:
1, the applicant applies for reconsideration;
2, after accepting the application, the reconsideration organ shall, within seven days, copy or forward the application for reconsideration to the respondent;
3. The respondent shall submit a written reply within ten days after receiving the relevant information;
4, the reconsideration organ to review and investigate, and put forward and pass the reconsideration opinions;
5, the reconsideration organ shall make a reconsideration decision.
Administrative reconsideration requires the following materials:
1, application for reconsideration;
2. A copy of the applicant's ID card;
3, the respondent made a specific administrative act of legal documents;
4, entrust others to apply for administrative reconsideration, must also submit a power of attorney; A copy of the identity card of the trustee; If a lawyer acts as an agent, a copy of the lawyer's letter and lawyer's practice certificate shall also be submitted;
5. Other necessary materials.
Matters needing attention in applying for administrative reconsideration are as follows:
1. There is a time limit for applying for reconsideration. China's "Administrative Reconsideration Law" stipulates that within 60 days after the administrative organ makes a decision on punishment, it shall be counted from the day when the citizen, legal person or other organization knows or should know the specific administrative act. However, there is no provision similar to administrative litigation that "if the administrative subject fails to inform the right to apply for administrative reconsideration and the application time limit, the statutory time limit shall be counted from the date when the administrative counterpart knows or should know the above rights". Strict implementation of the above provisions, in practice, there has been a phenomenon that the administrative counterpart can bring an administrative lawsuit because it cannot apply for administrative reconsideration after the statutory time limit. Considering the connection between the two relief systems, the above provisions should be added to the administrative reconsideration.
2. The way to apply for reconsideration can be oral or written. Oral application for reconsideration means that the actor himself makes an oral statement on the punishment imposed on you by the traffic police at the legal department of the organ at the next higher level you choose, explaining the reasons and reasons for your dissatisfaction. And you should provide the administrative punishment decision issued by the traffic police. The second is to apply for reconsideration in writing, that is, to write an application for administrative reconsideration, which should state the facts and reasons for applying for reconsideration and your reconsideration requirements and submit them to the staff of the legal department. They will investigate your application according to law. Then make an administrative reconsideration decision.
3. Necessary third party in administrative reconsideration. Paragraph 3 of Article 10 of the Administrative Reconsideration Law stipulates: "Other citizens, legal persons or other organizations interested in the specific administrative act applying for administrative reconsideration may participate in administrative reconsideration as a third party." In practice, some people who obviously have a direct interest in the case failed to participate in the administrative reconsideration because they didn't know the existence of the administrative reconsideration case, and lost the right to state, defend, give evidence and file a lawsuit, and finally their legitimate rights and interests were damaged; Moreover, when the interested parties enter the administrative proceedings to participate in the litigation and raise objections, when the contents of the administrative reconsideration decision are overturned by the court's judgment, the administrative reconsideration will actually lose its meaning, resulting in a waste of administrative relief resources. As the subject of administrative reconsideration and directly affected by specific administrative actions, the existence of absolute rights holders such as property rights, personal rights and intellectual property rights is obvious in the application for administrative reconsideration and the respondent's defense and other case materials. Direct "interest connection" refers to the parties in the civil tort relationship and the parties in the civil contract relationship, such as the labor relationship in the above-mentioned industrial injury case. The first two situations can be collectively referred to as the subject of civil creditor-debtor relationship. People whose absolute rights, such as property rights, personal rights and intellectual property rights, are directly affected by specific administrative actions, such as the obligee who enjoys the mortgage right to the land use right when the land and resources management department recovers the land use right.
4, which unit to apply for administrative reconsideration. Anyone who refuses to accept a specific administrative act made by an agency established by a government department in accordance with the provisions of laws, regulations or rules in his own name may apply for administrative reconsideration to the department that established the agency or the local people's government at the same level.