What are the penalty criteria for drunk driving

If the drunk driver temporarily withholds the driver's license for 6 months, and a fine of not less than 1,000 yuan but not more than 2,000 yuan, and if he drinks again, he shall be detained for up to 10 days, and shall be fined not less than 1,000 yuan but not more than 2,000 yuan, and the driver's license shall be revoked; If you are drunk and have your driver's license revoked, you will not be allowed to re-obtain your driver's license for 5 years, and you will be sentenced to criminal detention after a judgment.

According to the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated", it is provided:

1. Driving a motor vehicle on the road with a blood alcohol content of 80 milligrams and 100 milliliters or more is considered to be driving a motor vehicle while intoxicated, and is convicted and punished as the crime of dangerous driving.

2. Driving a motor vehicle while intoxicated and in any of the following circumstances is to be given a heavier punishment:

1) Causing a traffic accident and bearing the main accident or primary responsibility, or escaping after causing a traffic accident, but not constituting another crime;

2) Blood alcohol content of 200 mg or more than 100 ml;

3) Driving on highways or urban expressways;

4) Driving a commercial motor vehicle carrying passengers;

5) Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates;

6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that have not yet constituted other crimes;

7) Those who have previously received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;

8) Other circumstances that may be given a heavier punishment.

As the saying goes, don't drink and drive, don't drink while driving, for the safety of you and your family, don't drink and drive.

Legal Analysis: The penalty standards for drunk driving are as follows:

12 points for drunk driving, and more severe penalties for drunkenness. driving a motor vehicle while intoxicated, having his driver's license revoked, not being allowed to re-obtain a driver's license for 5 years, and being sentenced to criminal detention and a fine after a judgment; Driving a commercial motor vehicle while intoxicated shall have his driver's license revoked, and he shall not be allowed to re-obtain a driver's license for 10 years, and shall not be allowed to drive a commercial vehicle for life, and shall be sentenced to criminal detention and a fine after a judgment.

Legal basis: Article 91 of the Road Traffic Safety Law 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.

Legal analysis: The penalty standards for drunk driving are: revocation of the motor vehicle driver's license and no re-issuance within five years; If a motor vehicle is driven while intoxicated, the traffic management department of the public security organ shall restrain it until it sobers up, and the motor vehicle driver's license shall be revoked, and it shall not be re-obtained within 10 years; Driving while intoxicated constitutes the crime of dangerous driving, and is punishable by criminal detention and a fine.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 91 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 motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, and a crime is constituted, Sun Chen shall be investigated for criminal responsibility 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 Hu Sheng shall not re-obtain the motor vehicle driver's license.

Drunk driving is suspected of dangerous driving, and according to the provisions of the Criminal Law, he shall be sentenced to criminal detention and a fine.

In any of the following circumstances, driving a motor vehicle while intoxicated is to be given a heavier punishment in accordance with the provisions of paragraph 1 of Criminal Law article 133-1:

1) Causing a traffic accident and bearing full or primary responsibility for the accident, or escaping after causing a traffic accident, but not constituting another crime;

2) Blood alcohol content of 200 mg or more than 100 ml;

3) Driving on highways or urban expressways;

4) Driving a commercial motor vehicle carrying passengers;

5) Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates;

6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that have not yet constituted other crimes;

7) Those who have previously received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;

8) Other circumstances that may be given a heavier punishment.

Legal basis] Article 133-1 of the Criminal Law, in any of the following circumstances, driving a motor vehicle on the road 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.

1. What are the penalty standards for drunk driving?

1. The penalty standards for drunk driving are as follows:

1) For drunk driving, the traffic management department shall suspend the motor vehicle driver's license for six months and impose a fine of not less than 1,000 yuan but not more than 2,000 yuan;

2) Those who drive a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until they sober up, revoke the driver's license of the motor vehicle, and pursue the responsibility of accompanying Li Naishi before the sentence in accordance with the law;

3) A motor vehicle driver's license cannot be re-obtained within five years.

2. Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China.

Any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:

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 is driving more than 50% of the speed limit;

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 in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.

2. What are the deduction standards for new traffic regulations?

1. The co-pilot does not deduct 1 point for the seat belt and is fined 50 yuan;

2. 3 points will be deducted for using a mobile phone while driving, and a fine of 100 yuan will be imposed;

3. 1 point will be deducted for smoking while driving and a fine of 100 yuan;

4. Deliberately defacement or obscuring the license plate will directly deduct 12 points and be punished according to the highest limit.