What is the difference between the penalties for drunk driving and drunk driving and the criteria fo

[Legal basis].According to the "Road Traffic Safety Law of the People's Republic of China" amended for the third time in the "Decision on Amending the Road Traffic Safety Law of the People's Republic of China and Other Eight Laws" at the 28th Session of the Standing Committee of the 13th National People's Congress on April 29, 2021, Article 91: 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;

To summarize as follows: DUI: (Criteria:

The driving behavior of the driver whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml): the first drunk driving: the driver's license will be temporarily suspended for 6 months, and a fine of 1000-2000 yuan will be imposed; If you still drink and drive for the second time, you will be detained for up to 10 days, fined 1,000-2,000 yuan, and have your motor vehicle driver's license revoked;

Anyone who drives a commercial motor vehicle 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.

Drunk driving: (standard: driving behavior with a blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml in the blood of the driver of the vehicle):

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 driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law, constituting the crime of dangerous driving; A motor vehicle driver's license may not be re-obtained within five years.

The difference and standard between drunk driving and drunk driving are: drunk driving will be fined 1,000 to 1,002, and the driver's license will be temporarily suspended for six months, and if you drink and drive again, you will be detained for one to ten days in addition to the fine, and the driver's license will be revoked. If you are drunk driving, your driver's license will be directly revoked, and you will not be able to take the driver's license again for five years, and you will be held criminally responsible.

For drunk driving, the 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. Drunk driving 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 the motor vehicle driver's license shall not be re-obtained within five years, and criminal responsibility shall be investigated in accordance with the law: criminal detention and fine.

1. Drinking and driving.

Criteria for judging drunk driving: the driving behavior of the driver's blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml.

According to the calculation, under normal circumstances, after drinking 350ml (about 1 small bottle) of beer or half a tael of liquor (20ml), the blood alcohol concentration can be reached, that is, the penalty conditions for drinking and driving can be met.

According to the provisions of the new traffic law: if a person drives a motor vehicle after drinking, the motor vehicle driver's license shall be suspended for not less than one month but not more than three months, and a fine of not less than 200 yuan but not more than 500 yuan shall be imposed, and 6 points shall be deducted. The legal penalties for driving a commercial motor vehicle after drinking alcohol are more severe:

Driving after drinking alcohol shall be subject to a three-month suspension of the motor vehicle driver's license, a fine of 500 yuan, and 12 demerit points.

2. Drunk driving.

Criteria for judging drunk driving: the driving behavior of the driver with a blood alcohol content greater than or equal to 80mg 100ml. According to the national "Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers", a driver with a blood alcohol content of 20-80 mg in 100 ml is a drunk driver, and a driver with a blood alcohol content of more than 80 mg is considered drunk driving.

The blow test is not included in the drunk driving test. According to the standard of evidence collection in criminal cases, drivers suspected of drunk driving must have blood drawn for evidence. The investigation of the alcohol monitoring instrument data in drunk driving is only a method for the traffic police to judge drunk driving in the early stage, and an appraisal conclusion is made through the comparison of the alcohol content in the suspect's body.

[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 is drunk, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Summary. Legal Analysis: The differences between the penalties for drunk driving and drunk driving are as follows:

1. The punishment results are different, the drunk driver shall temporarily detain the motor vehicle driver's license for 6 months, and impose a fine of more than 1,000 yuan and 2,000 yuan, and the drunk driving 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 the law; 2. The second punishment is different, and the drunk driving again shall be detained for less than 10 days, and a fine of not less than 1,000 yuan but not more than 2,000 yuan shall be imposed, the motor vehicle driver's license shall be revoked, and the traffic accident caused by drunk driving again shall not be allowed to obtain a motor vehicle driver's license for life.

Dear, hello very happy to dismantle this question for you: what is the difference between the punishment and punishment standard of drunk driving and drunk driving: the difference is that the punishment results are different, drunk driving will be temporarily detained for 6 months of motor vehicle driving license, and imposed a fine of more than 1,000 yuan and less than 2,000 yuan, drunk driving by the traffic management department of the public security organ to sober up, revoke the motor vehicle driving license, and investigate criminal responsibility in accordance with the law;

Legal analysis: The difference between the punishment of drunk driving and drunk driving is as follows: 1. The punishment results are different, the motor vehicle driver's license for 6 months will be temporarily detained for drunk driving, and a fine of more than 1,000 yuan and 2,000 yuan will be imposed. 2. The punishment for the second source transportation is different, and the drunk driving penalty is 10 days to Huai Meng, and a fine of more than 1,000 yuan and less than 2,000 yuan, and the motor vehicle driver's license is revoked.

Legal analysis: 1. The criteria for determining drunk driving are as follows: 1. Drunk driving, the driving behavior of the driver with a blood alcohol content greater than or equal to 80mg 100ml; 2. Drinking and driving, the driving behavior of the driver's blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml.

2. Hazards of drinking and driving: 1. Reduced tactile sense and buried finger operation ability; 2. Decreased judgment and recognition ability; 3. Decreased visual and reactive ability; 4. It is very easy to cause other traffic violations.