The standard of drunk driving is that the alcohol content in blood is equal to or greater than 80 mg/100 ml. Anyone who drives a motor vehicle while drunk shall be restrained by the traffic administrative department of the public security organ until he is sober, and his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated for the crime of dangerous driving according to law; No motor vehicle driver's license shall be obtained again within five years.
First, the criteria for judging drunk driving and drunk driving
1. Judgment criteria for drinking and driving: driving behavior in which the alcohol content in the blood of a vehicle driver is greater than or equal to 20mg/ 100ml and less than 80mg/ 100ml.
According to the calculation, under normal circumstances, after drinking 350ml (about 1 vial) of beer or half a bottle of white wine (20ml), the blood alcohol concentration can reach 0.02(20mg/ 100ml), which meets the penalty conditions for drunk driving.
According to the provisions of the new traffic law: whoever drives a motor vehicle after drinking alcohol will be temporarily detained with a motor vehicle driver's license of 1 month and less than 3 months, and will be fined from 200 yuan to 500 yuan, with 6 points recorded. The legal punishment for drunk driving and operating motor vehicles is more severe: drunk driving will be detained for three months and fined 500 yuan, with a score of 12.
2, drunk driving drunk driving criteria: the driver's blood alcohol content is greater than or equal to 80mg/ 100ml driving behavior. According to the national "Threshold and Detection of Alcohol Content in Blood and Exhale of Vehicle Drivers", drivers whose alcohol content in 100 ml blood reaches 20-80 mg are deemed as drunk driving, and those who exceed 80 mg are deemed as drunk driving. Blow test is not included in drunk driving identification. According to the evidence collection standard of criminal cases, drivers suspected of drunk driving must draw blood for evidence collection. Checking the data of alcohol monitoring instruments in drunk driving is only a way for traffic police to judge drunk driving in the early stage. By comparing the alcohol content in the suspect's body, an expert conclusion is made.
In recent years, the control of drunk driving in China has become more and more strict. Because drunk driving is one of the reasons leading to frequent traffic accidents, the investigation and punishment efforts have been greatly improved. Therefore, don't try your best to drive a car after drinking, and don't drive or drive.
Legal basis:
Road Traffic Safety Law of the People's Republic of China
Article 91 Whoever drives a motor vehicle after drinking alcohol shall be detained for not more than six months and fined not less than 1,000 yuan but not more than 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.