What are the penalty criteria for drunk driving

Updated on society 2024-03-23
7 answers
  1. Anonymous users2024-02-07

    According to the provisions of China's "Road Traffic Safety Law", driving a motor vehicle after drinking alcohol shall be suspended for 6 months and a fine of not less than 1,000 yuan and 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.

    Those who drive a motor vehicle while intoxicated will be restrained by the traffic management department of the public security organ until they sober up, and a penalty decision to revoke the driver's license of the motor vehicle will be made, and criminal responsibility may be investigated in accordance with the law; At the same time, if the motor vehicle driver's license is revoked for driving a commercial motor vehicle while intoxicated, the motor vehicle driver's license shall not be re-obtained within 10 years, and after the motor vehicle driver's license is re-obtained, the operating motor vehicle shall not be driven.

    What's more serious is that, according to the first paragraph of Article 133-1 of the Criminal Law of China and relevant judicial interpretations, driving a motor vehicle on the road with a blood alcohol content of 80 milligrams or more than 100 milliliters is an act of "drinking to the point of drunk" driving a motor vehicle, which constitutes the crime of dangerous driving, and may be sentenced to criminal detention and a fine. If a major accident occurs as a result, causing serious injury or death to a person or causing major damage to public or private property, it will constitute the crime of causing a traffic accident and may be sentenced to fixed-term imprisonment of not more than three years or criminal 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.

    At the same time, it should be noted that the "road" in the Road Traffic Safety Law not only refers to public roads or urban roads, but also includes squares, public parking lots and other places used for public traffic, so even parking in the community after drinking alcohol may constitute drunk driving or drunk driving.

  2. Anonymous users2024-02-06

    Penalty standard for drunk driving: If you drive a motor vehicle after drinking, your 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. Article 91 of the Road Traffic Safety Law Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for not less than one month but not more than three months, and shall also be fined not less than 200 yuan but not more than 500 yuan; 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 shall be detained for not more than 15 days and have his motor vehicle driver's license temporarily detained for not less than three months but not more than six months, and shall also be fined not less than 500 yuan but not more than 2,000 yuan.

    Anyone who drives a commercial motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for three months and shall be fined 500 yuan; 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, and shall be detained for not more than 15 days, have his motor vehicle driver's license suspended for six months, and shall also be fined 2,000 yuan. Where there is an act of driving a motor vehicle while intoxicated as provided for in the preceding two paragraphs within one year, and the person is punished more than twice, the motor vehicle driver's license shall be revoked, and the motor vehicle shall not be driven for five years.

  3. Anonymous users2024-02-05

    1. Anyone who drives a motor vehicle after drinking alcohol shall be deducted 12 points, and his motor vehicle driver's license shall be temporarily detained for not less than one month but not more than three months, and shall be fined not less than 200 yuan but not more than 500 yuan. 2. Anyone who drives a motor vehicle while intoxicated shall be deducted 12 points, and shall be restrained by the traffic management department of the public security organ until he sobers up, and shall be detained for not more than 15 days and the motor vehicle driver's license shall be temporarily detained for not less than three months but not more than six months, and shall also be fined not less than 500 yuan but not more than 2,000 yuan.

  4. Anonymous users2024-02-04

    Legal analysis: According to Article 91 of the Road Traffic Safety Law, those who drive a motor vehicle after drinking alcohol shall be subject to a six-month suspension of the motor vehicle driving license 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 not less than 1,000 yuan but not more than 2,000 yuan, and have their motor vehicle driving license revoked. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, and the high resistance to digging constitutes a crime, criminal responsibility shall be investigated in accordance with the 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.

    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 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.

  5. Anonymous users2024-02-03

    According to Article 91 of the Road Traffic Safety Law, the penalty standards for drunk driving are as follows:

    1.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.

    2.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.

    3.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.

  6. Anonymous users2024-02-02

    In accordance with the provisions of Article 91 of the Traffic Safety Law of the People's Republic of China, driving a motor vehicle under the influence of alcohol shall be subject to a temporary suspension of the motor vehicle driver's license of 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;

    A person who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ in accordance with the provisions of Article 91 of the "Traffic Safety Law of the People's Republic of China" until he sobers up, and shall be detained for not more than 15 days and have his motor vehicle driver's license temporarily detained for not less than three months but not more than six months, and shall also be fined not less than 500 yuan but not more than 2,000 yuan. If a motor vehicle is punished more than twice within one year for driving a motor vehicle while intoxicated, the motor vehicle driver's license shall be revoked.

  7. Anonymous users2024-02-01

    What are the penalty criteria for drunk driving? Do you know?

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