Driving while intoxicated is a crime, and how is it different from a general offense

Hello friends, illegal behavior and crime are the relationship between inclusion and being included, illegal behavior is not necessarily a crime, but a crime must be illegal behavior. The differences between general illegal acts and crimes include: 1. The degree of social harm is different.

2. The types of laws violated are different. From an objective point of view, the act required to be committed by the perpetrator to constitute a crime violates the relevant provisions of the criminal law; Violation of the law is the violation of the "Public Security Administration Punishment Law" and other laws and regulations on administrative management.

3. The recognized organs are different. Whether a crime is constituted must be determined by the people's court through trial, and no other organ or individual has the right to decide whether another person has committed a crime. Whether or not a violation of the law is constituted may be determined by all organs with administrative functions, such as public security, industry and commerce, taxation, etc.

4. The legal consequences are different. If it is found to be a crime, it may be punished with a criminal penalty, while if it is not done, it will be subject to administrative punishment.

According to Article 22 of the Amendment (VIII) of the Criminal Law of our country, "Whoever drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, shall be sentenced to criminal detention and a fine." Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

Of course, it should also be distinguished that drunk driving is a crime, and there is also the concept of drunk driving in the law, that is, a general offense. Hope the above helps you :)

Legal Analysis: Drunk driving is a criminal offense. 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.

Legal basis: Criminal Law of the People's Republic of China Article 133-1 Anyone who drives a motor vehicle on the road and has 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.

Driver's shield disturbance behavior category threshold.

Driving behavior category threshold (mg 100ml).

Driving under the influence of alcohol is 20,<80

Driving while drunk 80