Is it illegal to drive drunk without hitting people and not violating the law?

Drunk driving is an offense.

There are regulations in the Traffic Safety Act.

Therefore, the majority of drivers are admonished: do not drink while driving, and do not drive when drinking.

Being detained for drunk driving is an offense, not a crime, and there will be no criminal record. The legal basis for drunk driving detention is the provisions of Article 91 of the Road Traffic Safety Law, and if a drunk driver is suspected of dangerous driving, the legal basis is Article 1, 1, 33-1 of the Criminal Law. ”

Even if you don't hit someone and don't violate the law, then it must be an illegal act, traffic rules, and it is clearly stated that you cannot drive a motor vehicle on the road after drinking.

In the event of a traffic accident between a motor vehicle and a pedestrian, the motor vehicle party is fully responsible! Even if the pedestrian is wrong. Because motor vehicles are also covered by various insurances.

What about this person, especially drunk driving, the sin is one more degree! What do you mean? The national unified compensation standard, regardless of whether the perpetrator is the first person or the first person to issue a driver's license, it can only be solved by the traffic control department where the accident occurred, and the corresponding deduction points or violation processing results will be given feedback from the local traffic control department to the corresponding department where the perpetrator is located!

Count, the traffic police will deduct points and fines after checking, if you want to be promoted and raised, it's best not to drink and drive, veto.

If a drunk driver crashes and does not injure anyone, the driver's motor vehicle driver's license shall be suspended for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

1. What is the maximum number of days for drunk driving detention.

Drunk driving detention for up to ten days. According to the regulations, anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

2. What kind of detention does drunk driving belong to?

Drunk driving is administrative detention, and drunk driving is criminal detention. Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

3. What are the specific sentencing standards for drunk driving?

The sentencing standards for drunk driving are as follows:

1. Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan;

2. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again shall be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have their motor vehicle driver's license revoked;

3. Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license within five years.

Article 91 of the Road Traffic Safety Law of the People's Republic of China.

Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.

Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license may not be re-obtained for 10 years.

Is there full responsibility for drunk driving under the law?

The principle of legal liability in China is based on deciding who is responsible for the fault based on the incident. According to the Road Quiet and Safety Act, pedestrians are not allowed to enter the motorway except during the time when the crosswalk light is green.

If the primary responsibility for the accident is among the pedestrians, and if the motor vehicle also violates the prescribed driving and signaling instructions, then the motor vehicle is primarily responsible.

If the primary responsibility for the accident is with the pedestrian and the motor vehicle has not violated the relevant regulations on driving and signaling indicators, the driver of the motor vehicle bears 50% of the responsibility (the latest regulations require the motor vehicle to avoid pedestrians by taking care to avoid pedestrians);

If neither party is liable, the driver of the motor vehicle shall be liable for the humanitarian liability and compensation for the medical and work-related injuries of the pedestrians.

According to Article 133-1 of the Criminal Chambers Sliding Law, a person who drives a motor vehicle while intoxicated on the road shall be guilty of dangerous driving and shall be sentenced to short-term detention and a fine.

In addition, if you drive without a license, you will be fined between 500 and 1,000 yuan, and if the circumstances are serious, you will be fined up to 2,000 yuan: you may be detained for up to 15 days. For those who drive on the road without obtaining a motor vehicle license plate, the driver of the motor vehicle shall be given a warning or a fine of 200 yuan.

If the victim suffers economic losses, compensation shall also be made.

How to tell if you hit someone while driving drunk.

Hitting someone while intoxicated is a crime of negligence. Getting drunk is a deliberate act, but drinking alcohol is not the direct cause of death from hitting someone. Negligence in driving is the direct cause of a person's death and is a traffic accident crime.

Drunk driving is just an aggravating circumstance. However, there is a problem of competing legal provisions in the law, that is, drunk driving homicide constitutes a crime, which may involve two crimes, the crime of dangerous driving and the crime of traffic accident. In contrast to traffic offences, these two offenses can only be convicted of felonies.

New rules for drunk driving and drunk driving penalties.

Drunk driving will be subject to a 6-month suspension of the driver's license and a fine of not less than 1,000 yuan but not more than 2,000 yuan. Previously, he was punished for drunk driving, and was sentenced to detention for up to 10 days, a fine of 1,000 yuan to 2,000 yuan, and a driver's license was revoked for drunk driving. If you drive while intoxicated, your driver's license will be revoked and you will be investigated for criminal responsibility in accordance with the law, and you will not be allowed to retake your driver's license for 5 years.

How long the sentence for driving without a license and hitting someone is analyzed on a case-by-case basis. Generally, it needs to be based on the severity of the circumstances of the unlicensed drunk driving hitting the person. and the degree of social harm to determine what kind of punishment to impose.

Article 133 of the Criminal Law stipulates the crime of causing traffic accidents, and Article 133-1 provides for the crime of dangerous driving. The different offences of driving without a licence determine the length of the sentence imposed on the perpetrator.

Specifically, if the perpetrator drives without a license and hits a person, and the injury caused is not very serious, then in principle, only the punishment for the crime of dangerous driving is required, and in accordance with the relevant provisions of article 133 on conviction and sentencing for the crime of dangerous driving, short-term detention and a fine may be imposed. However, if the injury caused by driving without a license is relatively serious or particularly serious, or even directly causes death, then it is necessary to punish according to law in accordance with the provisions of Article 133 for the crime of causing a traffic accident. That is:

Where the perpetrator violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given. Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given. In addition, if a person causes death as a result of escape, he shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133 of the Criminal Law of the People's Republic of China [Crime of Causing Traffic Accidents] Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Article 133-1 [Crime of Dangerous Driving] Whoever drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine: (1) chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.