drinking less than 8% is drunk driving, and this behavior will temporarily suspend the driver's license for 6 months and impose a fine of more than 2, yuan in 1 yuan. Those who have been punished for drunk driving before and drunk driving again will be detained for 1 days, fined more than 2, yuan in 1 yuan, and their driving licenses will be revoked.
related laws: "People's Republic of China (PRC) * * * *, National Road Traffic Safety Law"
Anyone who drives a motor vehicle after drinking alcohol will be temporarily detained for six months, and will be fined more than 2, yuan in 1 yuan. After being punished for driving a motor vehicle after drinking, anyone who drives a motor vehicle after drinking again shall be detained for not more than 1 days, fined not less than 1, yuan but not more than 2, yuan, and his motor vehicle driving license shall be revoked.
those who drive a motor vehicle while drunk shall be restrained by the traffic administrative department of the public security organ until they wake up, and their motor vehicle driving licenses shall be revoked, and criminal responsibilities shall be investigated according to law, and they shall not re-obtain motor vehicle driving licenses within five years.
anyone who drives an operating motor vehicle after drinking alcohol shall be detained for 15 days, fined 5, yuan, and his motor vehicle driver's license shall be revoked, and he shall not re-obtain the motor vehicle driver's license for five years.
those who drive a motor vehicle while drunk shall be restrained by the traffic administrative department of the public security organ until they wake up, and their motor vehicle driving licenses shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be re-obtained within ten years, and no motor vehicle in operation shall be driven after re-obtaining the motor vehicle driver's license.
if a traffic accident occurs while driving a motor vehicle while drinking or drunk, 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 driver's license, and it is forbidden to re-obtain the motor vehicle driver's license for life.
second, how to identify drunk driving and drunk driving?
the standard for drinking and driving is more than or equal to 2mg/1ml and less than 8mg/1ml；; The standard for drunk driving is 8mg/1ml or more.
1. If the alcohol content is between 2 mg and 79 mg per 1ml of blood, it belongs to drinking and driving; If the alcohol content is above 8mg, it belongs to drunk driving.
2. Taking the alcohol content in blood of 8mg/1ml as the dividing line between drinking and drunkenness, when the alcohol content in the driver's blood reaches 8mg/1mL, the probability of traffic accidents is 2.5 times higher than that when the blood does not contain alcohol.
I hope the above contents can help you. If you have other questions, please consult a professional lawyer.
Legal basis: "Article 133 of the Criminal Law of the People's Republic of China * * * * Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(1) Chasing for racing and the circumstances are bad;
(2) drunk driving a motor vehicle;
(3) engaging in school bus and passenger transport business, seriously exceeding the rated passengers to carry passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, endangering the public.
motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
article 91 of the road traffic safety law of the people's Republic of China * * whoever drives a motor vehicle after drinking alcohol shall be temporarily detained for six months, and shall be fined between 1, yuan and 2, yuan. Those who are punished for driving a motor vehicle after drinking and driving a motor vehicle after drinking again shall be detained for not more than 1 days, fined not less than 1, yuan but not more than 2, yuan, and their motor vehicle driving licenses shall be revoked.
those who drive a motor vehicle while drunk shall be restrained by the traffic administrative department of the public security organ until they wake up, and their motor vehicle driving licenses 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, yuan, and his motor vehicle driver's license shall be revoked. He shall not re-obtain his motor vehicle driver's license within five years.