How to punish drunk driving and driving without a license

Drunk driving without a license is two traffic violations, which must be punished separately and combined in accordance with regulations.

For drunk driving, a fine of not less than 1,000 yuan but not more than 2,000 yuan can be imposed; If it is a drunk driver operating a motor vehicle, he shall be detained for 15 days, fined 5,000 yuan, and the motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained within 5 years.

For driving without a license, a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed, and detention for up to 15 days shall be imposed.

Road Traffic Safety Act

Article 91 Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for 6 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 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 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.

Article 99 Any of the following acts, the traffic management department of the public security organ shall impose a fine of not less than 200 Yuan but not more than 2,000 Yuan:

1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;

2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;

3) Fleeing after causing a traffic accident that does not constitute a crime;

4) The motor vehicle exceeds the speed limit by 50%;

5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;

6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;

7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;

8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.

According to China's road traffic safety regulations, if you drive a motor vehicle without a license after drinking, and there is no traffic accident, the traffic management department shall impose a fine of 1000-2000 yuan, and may be detained for up to 15 days.

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.

First of all, the responsibility will be divided according to the cause of the accident, and secondly, those who drive without a license can be fined between 200 yuan and 2,000 yuan, and detained for up to 15 days; For drunk driving, the first offender shall be fined between 1,000 yuan and 2,000 yuan, and the driver's license will be suspended for 6 months, and the second offense will be fined less than 2,000 yuan and detained for up to 10 days, and the driver's license will be revoked.

Legal analysis: If you drive a motor vehicle after drinking, your motor vehicle driver's license shall be suspended 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 who drive a motor vehicle after drinking alcohol again, are to be detained for up to 10 days; and impose a fine of not less than 1,000 yuan but not more than 2,000 yuan, and revoke the motor vehicle driver's license.

Those who drive a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have their motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license within 5 years. Drunk driving without a license and driving early is two traffic violations, which must be punished separately and combined in accordance with regulations. For drunk driving, a fine of not less than 1,000 yuan but not more than 2,000 yuan can be imposed;

If it is a drunk driver operating a motor vehicle, he shall be detained for 15 days, fined 5,000 yuan, and the motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained within 5 years. For driving without a license, a fine of not less than 200 yuan but not more than 2,000 yuan should be imposed, and detention for up to 15 days should be given.

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, the circumstances are heinous (2) driving a motor vehicle while intoxicated (3) engaging in school bus business or passenger transportation, seriously exceeding the rated occupants to carry passengers, or seriously exceeding the prescribed speed (4) transporting hazardous chemicals in violation of the provisions 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) and (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).

Driving after drinking alcohol 20,0

Driving while drunk 80

Don't drink while driving, don't drink and don't drive, I believe that many people are mindful of this sentence, but there are still some people who knowingly commit it, they are obviously drunk, and they have to drive recklessly, but the final brewing accident is irreparable, in order to warn everyone, Fa Rabbit will tell everyone how to deal with drunk driving today.

First of all, the responsibility will be divided according to the cause of the accident, and secondly, those who drive without a license can be fined between 200 yuan and 2,000 yuan, and detained for up to 15 days; For drunk driving, the first offender shall be fined between 1,000 yuan and 2,000 yuan, and the driver's license will be suspended for 6 months, and the second offense will be fined less than 2,000 yuan and detained for up to 10 days, and the driver's license will be revoked.