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Drunk driving with a blood alcohol content between 20-79mg 100ml is drunk driving, which is a violation of the Road Traffic Safety Law, not drunk driving. A blood alcohol content of 35mg 100ml is considered drunk driving.
In accordance with the provisions of Article 91 of the Road Traffic Safety Law, a person who drives a motor vehicle after drinking alcohol shall be subject to a suspension of the motor vehicle driver's license for 6 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 shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, 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 cannot be re-obtained within 5 years.
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 5 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 shall not be re-obtained within 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, the motor vehicle driver's license cannot be re-obtained for life.
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70 years old drunk 35 mg alcohol content drunk driving a three-wheeled electric car will be detained.
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1. How many milligrams of blood alcohol content is considered drunk driving.
1. The blood alcohol content is generally greater than or equal to 20mg 100ml, and less than 80mg 100ml will be recognized as drunk driving. As long as it constitutes a drunk driver, the driver's license will be suspended for six months and a fine of 1,000 to 2,000 yuan.
2. Legal basis: 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 shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.
2. What is the difference between drunk driving and drunk driving.
1. The alcohol content in the driver's blood and breath is different. A drunk driver has an alcohol content greater than or equal to 20 milligrams per 100 milliliters of blood and less than 80 hautes. Drunk drivers have an alcohol content greater than or equal to 80 milligrams per 100 milliliters of blood;
2. The punishment is different. Those who drive a motor vehicle after drinking alcohol shall have their motor vehicle driver's license suspended for 6 months. 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, investigate criminal responsibility in accordance with law, and shall not re-obtain a motor vehicle driver's license within 5 years;
3. The amount of the fine is different. Those who are punished for driving a motor vehicle after drinking alcohol and driving a motor vehicle after drinking alcohol again shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their motor vehicle driver's license revoked. Anyone who drives a commercial motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with the law, and shall not re-obtain a motor vehicle driver's license within 10 years, and shall not drive a commercial motor vehicle after re-obtaining a motor vehicle driver's license.
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The standard of alcohol content for drunk driving is: the standard for drunk driving is greater than or equal to 20mg 100ml and less than 80mg 100ml; The standard for drunk driving is greater than or equal to 80mg 100ml.
1. For every 100ml of blood, the alcohol content reaches 20mg-79mg, which belongs to drunk driving; If the alcohol content reaches 80mg or more, it is considered drunk driving.
2. Taking the blood alcohol content of 80mg 100ml as the dividing line between drinking and drunkenness, when the driver's blood alcohol content reaches 80mg 100ml, the probability of traffic accidents is twice that of blood without alcohol.
Drunk driving consequences. 1. Drink and drive:
Drinking and driving a motor vehicle will result in a fine of 1,000 yuan to 2,000 yuan, 12 demerit points and a temporary suspension of the driver's license for 6 months; Driving a motor vehicle under the influence of alcohol shall be fined 5,000 yuan, 12 demerit points, detained for up to 15 days, and shall not be allowed to re-obtain a driver's license for 5 years.
2. Drunk driving:
driving a motor vehicle while intoxicated, having his driver's license revoked, not being allowed to re-obtain a driver's license for 5 years, and being sentenced to criminal detention and a fine after a judgment; Driving a commercial motor vehicle while intoxicated shall have the driver's license revoked, and the driver's license shall not be re-obtained for 10 years, and the number of covers shall not be allowed to drive the commercial vehicle for life, and shall be sentenced to criminal detention and a fine after the judgment.
The above content refers to the encyclopedia of drunk driving.
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If less than 20 mg is also an alcohol content, it is a drunk driving and will be punished by the traffic police.
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Drinking alcohol counts as drunk driving. Less than 20 just doesn't meet the penalty standard.
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Alcohol is considered drunk driving as long as it is detected.
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Legal analysis: The alcohol content of driving a motor vehicle after drinking alcohol is greater than or equal to 20 milligrams per 100 milliliters of blood after testing, and less than 80 milligrams is drunk driving. The alcohol content of a drunk driver is 80 milligrams or more per 100 millilitres of blood alcohol.
Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on the road in any of the following circumstances shall 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.
Threshold and test of blood and breath alcohol content of vehicle drivers》 Alcohol content threshold.
The threshold of blood alcohol content of vehicle drivers who have drunk alcohol or drive while intoxicated is shown in Table 1.
Table 1 Threshold of blood alcohol content of vehicle drivers.
Driving behavior category thresholds.
Driving behavior category threshold (mg 100ml).
Drinking alcohol and driving 20, 80
Driving while drunk 80
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If the alcohol balance content in the blood of the vehicle driver is greater than or equal to 20mg 100ml and less than 80mg 100ml, it constitutes drinking and driving; If the blood alcohol content of the driver of the vehicle is greater than or equal to 80mg 100ml, it constitutes drunk driving.
Threshold and test of blood and breath alcohol content of vehicle drivers》 The driving behavior of vehicle drivers with blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml is drunk driving; The driving behavior of the driver of a vehicle with a blood alcohol content greater than or equal to 80mg or 100ml is drunk driving. Article 91 of the Road Traffic Safety Law 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 motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with law; It is not allowed to renegotiate the bridge or obtain a motor vehicle driver's license for five years. Those who drive a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until they sober up, revoke the driver's license of the motor vehicle, and pursue the responsibility of criminal and military affairs in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.