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Anonymous users2024-02-07The law does not specifically stipulate it, but the Ministry of Public Security's "Provisions on the Procedures for Handling Criminal Cases of Drunk Driving by Public Security Organs (for Trial Implementation)" stipulates that the results of a breath alcohol test can be used as the basis for determining drunk driving. The relevant clauses are as follows:
Article 8: [Breath Alcohol Test] If a traffic police officer discovers that a motor vehicle driver is suspected of drunk driving while on duty on the road, he shall conduct a breath alcohol test. The breathalyzer test result shall be printed and signed by the person concerned and signed or stamped by the traffic police. If the parties have a different agreement on the test results or refuse to sign, the traffic police shall indicate this on the written test results.
Article 9: [Conditions for Blood Drawing]Where a party is suspected of driving a motor vehicle under the influence of alcohol, and has any of the following circumstances, a blood sample shall be drawn and the alcohol content in the body shall be tested:
1) The breath alcohol test result meets or exceeds the standard for drunk driving;
2) There is an objection to the breath alcohol test result;
3) Refusal to cooperate with breath alcohol testing or other methods of testing;
4) A traffic accident occurs.
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Anonymous users2024-02-06Summary. Drunk driving only blows, not blood tests, can be used as the basis for punishing drunk driving. The blow test data can be used as a basis for drunk driving, but the report needs to be printed and signed by the relevant party.
If it exceeds 80 mg 100 ml, a blood test must be drawn, and the examination report should be used as the basis for dealing with drunk driving.
Hello, dear, very patient Gao Chang raised your question, why do drunk drivers have to go for a blood test after being tested for drunk driving? , to help you find out that only when it is greater than or equal to 80 mg 100 ml does it need to be taken for blood testing, and when the breath test is less than 80 mg 100 ml, you can answer the direct penalty for drunk driving. , I hope mine can help you, I wish you good health and a happy mood!
Only when it is greater than or equal to 80 milligrams and 100 milliliters of cigarette grams, blood needs to be drawn for testing, and when the breath test is less than 80 milligrams and 100 milliliters, you can directly be punished for drunk driving. Careful training.
A blood test must be taken when convicting drunk driving, because drunk driving is a criminal and tribulatory case, and blood samples must be taken on drivers who are suspected of drunk driving.
The measurement data of the alcohol detector is the basic method for the traffic police to judge the suspected drunk driving driver in the early stage, and the key evidence of drunk driving is to identify the alcohol content in the suspect's body.
Drunk driving only blows, not blood tests, can be used as a basis for punishing drunk driving. The blow-off test data can be used as a basis for driving under the influence of alcohol, but the report needs to be printed and signed by the relevant party. If it exceeds 80 mg 100 ml, a blood test must be taken, and the examination report should be used as the basis for dealing with drunk driving.
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Anonymous users2024-02-05The blow alcohol tester is 0, and the blood draw will not detect drunk driving.
Theoretically, the easiest and most feasible way to determine whether it is drunk driving is to measure the alcohol content of the driver's breath on the spot.
A large number of statistical studies have shown that if the person inhales deeply and exhales with moderate force for more than three seconds, the exhaled breath is the air coming out of the lungs, and the alcohol content of the exhaled breath is the blood alcohol content.
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Anonymous users2024-02-04Legal analysis: The determination of drunk driving can be based on the data of the blow, and there is no need to draw blood for testing, but it is necessary to issue a test data report and sign it by the drunk driver to confirm, if the drunk driver has objections, the traffic police may draw blood and send it for testing.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" 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.
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Anonymous users2024-02-03Legal analysis: drunk driving cannot be determined without blood drawing, and the final blood draw is required to confirm the need to blow up the alcohol detector to detect suspected drunk driving, and the blood test results shall prevail.
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.
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Anonymous users2024-02-02Summary. Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person 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.
If the breathalyzer is 0, can a blood draw detect drunk driving?
Hello dear, happy to answer your <>
。The blow alcohol tester is 0, and the blood draw can detect that it is drunk driving.
Legal analysis: The determination of drunk driving can be based on the data of the blowing, and there is no need to draw blood for testing, but it is necessary to issue a test data report and sign it by the drunk driver to confirm, if the drunk driver has objections, the traffic police may draw blood for testing, and the conclusion of the blood sampling and identification is used as the basis for punishment. The result blown on the breathalyzer is only a rapid test method, and cannot be used as the final basis for judging drunk driving or drunk driving, and it needs to be done after a blood test to be finalized.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person 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.
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Anonymous users2024-02-01The traffic police department procurement of blowing alcohol measuring instrument is based on GB T21254-2007 national standard to develop the bidding documents, under normal circumstances, the purchase of the measuring instrument of the detection data is more accurate, the error is not large, and the data of the blood test is also more consistent, if the blow alcohol tester detection is 0, the results of the blood test will not reach the level of drunk driving.
According to the provisions of GB T21254-2007, when the alcohol gas concentration range C (mg L), the allowable error is mg L, and when the allowable error is 8, when C, the allowable error is 20.
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Anonymous users2024-01-31The traffic police department procures the blowing alcohol measuring instrument according to the GB T21254-2007 standard to formulate the bidding documents, in general, the procurement of the measuring instrument test data is more accurate than the blood test data to blow the alcohol tester to detect 0 blood to detect the level of drunk driving.
According to GB T21254-2007, the alcohol gas concentration range C (mg L) is allowable error
mg 《Allowable error 8 c Allowable error 20
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