The criteria for judging drunk driving are as follows:
1, the driving behavior of the driver whose blood alcohol content is more than or equal to 20mg/ 100mL and less than 80mg/ 100mL;
2. According to the calculation, under normal circumstances, after drinking 350mL (about 1 vial) of beer or 20ml of semi-wine, the blood alcohol concentration can reach 0.02(20mg/ 100ML), that is, the penalty conditions for drunk driving can be reached.
3, driving a motor vehicle after drinking, temporarily detained 1 month and less than 3 months of motor vehicle driver's license, and impose a fine of more than 200 yuan and less than 500 yuan, with 6 points. 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.
The criteria for judging drunk driving are as follows:
1. Driving behavior in which the alcohol content in the blood of the vehicle driver is greater than or equal to 80mg/ 100mL. According to relevant laws and regulations, drivers whose blood alcohol content reaches 20-80mg in 100ml are deemed as drunk driving, and drivers who exceed 80mg are deemed as drunk driving.
Criminal record is defined as follows:
1. According to the notice of the Opinions on Establishing a Criminal Record System issued by the Ministry of Public Security and the Ministry of Justice of the Ministry of National Security in the Supreme People's Procuratorate and the Supreme People's Court, a criminal record refers to the record of a person's criminal behavior. Also known as the criminal record system, in our country's law generally refers to the file records of criminal records, which are generally kept in the public security department;
2. There is no system of eliminating criminal record in our country, and these records will accompany the parties for life, but the criminal record is not open to anyone. Only when the judicial organs or lawyers handle criminal cases will they be provided to the outside world after being reported to the competent authorities for examination and approval. Do not provide inquiry services to ordinary units or individuals. Illegal records have little impact on the later life of the parties, while criminal records will have an impact on the parties and their children.
To sum up, if the alcohol content of drunk driving is above 100, the motor vehicle driver's 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. Those who are drunk driving and operating motor vehicles shall be restrained by the traffic administrative department of the public security organ until they are sober, 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 ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.
Legal basis:
Article 22 of the Road Traffic Safety Law of the People's Republic of China
Motor vehicle drivers should abide by the provisions of laws and regulations on road traffic safety and drive safely and civilized in accordance with operational norms.
Drinking alcohol, taking psychotropic drugs or narcotic drugs under state control, or suffering from diseases that hinder safe driving of motor vehicles, or excessive fatigue affects safe driving, are not allowed to drive motor vehicles.
Article 91
Driving a motor vehicle after drinking, temporarily withholding the motor vehicle driver's license for more than one month and less than three months, and imposing a fine of more than 200 yuan and less than 500 yuan;
Driving a motor vehicle after drunkenness shall be restrained by the traffic administrative department of the public security organ until it wakes up, detained for less than 15 days and temporarily detained for more than three months and less than six months, and imposed with a fine of more than 500 yuan and less than 2,000 yuan;
Driving and operating a motor vehicle after drinking, temporarily withholding the motor vehicle driver's license for three months and imposing a fine on 500 yuan; Drunk driving and operating a motor vehicle shall be restrained by the traffic administrative department of the public security organ until the vehicle is sober, detained for less than 15 days, temporarily detained for less than six months, and fined 2000 yuan;
If the drunk driving of a motor vehicle specified in the preceding paragraph is punished more than once within one year, the motor vehicle driver's license shall be revoked and the motor vehicle shall not be driven or operated for five years.
Article 108
The parties concerned shall pay the fine at the designated bank within fifteen days from the date of receiving the decision on administrative penalty for fine. If the parties have no objection to the fines imposed on pedestrians, passengers and non-motor vehicle drivers, they may collect the fines on the spot. Fines shall be issued by the financial departments of provinces, autonomous regions and municipalities directly under the Central Government; If a receipt for the fine uniformly issued by the financial department is not issued, the party concerned has the right to refuse to pay the fine.
Article 109
If a party fails to perform the decision on administrative punishment within the time limit, the administrative organ that made the decision on administrative punishment may take the following measures:
(a) if the fine is not paid at the due date, a fine of 3% of the fine amount shall be imposed every day;
(two) apply to the people's court for compulsory execution.
"Procedures for Handling Road Traffic Accidents" Article 26
The traffic police shall examine the identity documents, motor vehicle driving licenses, motor vehicle driving licenses and insurance signs of the parties concerned; Traffic accident suspects can be summoned according to law.
Article 27
After investigating the scene of the accident, the traffic police shall check and register the items left on the scene, organize to clean up the scene quickly and resume traffic as soon as possible.
If the items left at the scene can be returned on the spot, they shall be returned on the spot and recorded; If the owner cannot be determined at the scene, it shall be properly kept and returned in time after the owner is determined.
Article 28
Due to the need to collect evidence, the traffic administrative department of the public security organ may detain the accident vehicle and motor vehicle driver's license, and issue a certificate of administrative compulsory measures. Detained vehicles and motor vehicle driving licenses shall be properly kept.
The traffic administrative department of the public security organ shall not detain the goods carried by the accident vehicle. After verifying the weight, volume and loss of the goods, notify the driver of the motor vehicle or the owner of the goods to handle it by himself. If it is impossible to notify the party concerned or the party concerned fails to handle it himself, it shall be handled in accordance with the relevant provisions of the procedures for handling administrative cases by public security organs.
Article 29
The traffic administrative department of the public security organ may detain the articles related to the accident for the need of collecting evidence, and issue a list of the detained articles in duplicate, one for the holder of the detained articles and one for the attached volume. The seized articles shall be properly kept.
The detention period shall not exceed 30 days. If the case is serious and complicated, it may be extended for 30 days with the approval of the person in charge of the public security organ at the same level or the person in charge of the traffic management department of the public security organ at the next higher level; Except as otherwise provided by laws and regulations.