Why didn t the drunk driver revoke the driver s license file a case, is it reasonable?

The Road Traffic Safety Law of the People's Republic of China stipulates: "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.

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. "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 be allowed to re-obtain a motor vehicle driver's license for five years." ”

The reason why a drunk driver's license was revoked and the case was not filed was because the standard for drunk driving was not met. Less than 80 mg is drunk driving, and the driver's license will be revoked and a fine of 2000 will be imposed, that is, the case will not be filed.

The traffic law stipulates that driving a motor vehicle under the influence of alcohol is only to revoke the driver's license and impose a fine, but there is no provision to file a case!

Drunk driving is not drunk driving, drunk driving is criminalized, and drunk driving is just revoked.

There were no serious consequences.

If a drunk driver drives a motor vehicle after drinking, the driver's license of the motor vehicle 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.

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.

The circumstances under which a driver's license can be revoked are as follows:

1) Driving a commercial motor vehicle after drinking alcohol shall be subject to a three-month suspension of the motor vehicle driver's license.

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) A motor vehicle driving more than 50 percent of the speed limit.

4) Driving an assembled motor vehicle or a motor vehicle that has reached the scrapping standard on the road, the traffic management department of the public security organ shall be confiscated and forcibly scrapped. Drivers who drive the motor vehicles listed in the preceding paragraph on the road shall be fined not less than 200 yuan but not more than 2,000 yuan, and their motor vehicle driver's license shall be revoked.

5) In violation of the provisions of road traffic safety laws and regulations, a major traffic accident occurs, constituting a crime, criminal responsibility shall be investigated in accordance with law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license.

If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.

6) Road traffic offenders shall be dealt with within 15 days at the traffic management department of the public security organ. If the disposition is not accepted within the time limit without a legitimate reason, the motor vehicle driver's license shall be revoked.

1. Will a driver's license be revoked for drunk driving?

1. Whether the driver's license will be revoked for drunk driving needs to be judged according to the following circumstances:

1) If a drunk driver does not have a driver's license revoked, and if he drives a motor vehicle after drinking, his motor vehicle driver's license shall be suspended for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan;

2) If drunk driving constitutes drunk driving, the motor vehicle driver's license shall be revoked, criminal responsibility shall be investigated according to law, and the motor vehicle driver's license shall not be re-obtained within ten years.

2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, 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.

Article 133-1.

Dangerous Driving] 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.

2. How to re-obtain a driver's license after revocation of the driver's license.

The process of re-obtaining a driver's license after revocation is as follows:

1. Submit materials and pay fees in the business hall of the vehicle management office;

2. Carry out driving skills training and learning;

3. Make an appointment and participate in the subject at the DMV.

1st, 2nd and 3rd exams;

4. The vehicle management office accepts the warning education of traffic safety and civilized driving, traffic accident cases, and participates in the oath;

5. Get a driver's license from the DMV.

Hello, many people don't know that drunk driving will revoke the driver's license, let me tell you: There are two kinds of drunk driving: the alcohol content reaches 20mg 100ml but less than 80mg 100ml, which belongs to drinking driving; An alcohol content of 80mg 100ml or more falls under the category of drunk driving.

Currently, driving under the influence of alcohol is an offence, and driving while intoxicated is a crime. Drinking and driving a motor vehicle shall be fined 1,000 yuan to 2,000 yuan, 12 points will be deducted and the driver's license shall be suspended for 6 months; Driving a motor vehicle under the influence of alcohol shall be fined 5,000 yuan, 12 demerit points, detained for up to 15 days, and shall not be allowed to re-obtain a driver's license for 5 years. Driving a motor vehicle while intoxicated, having his driver's license revoked, not being able 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.

Road Traffic Safety Law of the People's Republic of China

Article 91.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him to the point of sobering up or revoke the driver's license of the motor vehicle, and shall be investigated for 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 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 the drunk driver does not accept the handling within 15 days from the traffic management department of the public security organ, the driver's license will be revoked, and if there is a fine, the person concerned will be fined an additional fine of 3 percent of the amount of the fine per day, and apply to the People's Daiyan Court for compulsory enforcement.

Article 99 of the Road Traffic Safety Law of the People's Republic of China shall impose a fine of not less than 200 yuan but not more than 2,000 yuan on any of the following acts: (1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended; (2) Handing over a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; (3) Fleeing after causing a traffic accident does not constitute a crime. 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.

According to the draft amendment to the Road Traffic Safety Law, the current Road Traffic Safety Law on the punishment of drunk and drunk driving of motor vehicles:

1) Driving a motor vehicle after drinking alcohol shall be subject to a temporary suspension of the motor vehicle driver's license for 6 months and a fine of not less than 1,000 yuan but not more than 2,000 yuan. After being punished for driving a motor vehicle after drinking, a person who drives 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 his motor vehicle driver's license revoked.

2) Driving a motor vehicle after being drunk 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 cannot be re-obtained within 5 years.

3) Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days and 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.

4) Driving a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain the operator until he sobers up, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license shall not be re-obtained within 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained.

5) 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.

It is not necessary to have a driver's license revoked, depending on the situation, there are four situations:

1.If you drive a motor vehicle after drinking alcohol and have no other circumstances, your motor vehicle driver's license shall be temporarily withheld for 6 months;

2.If you have been punished for driving a motor vehicle after drinking, and if you drive a motor vehicle after drinking again, your motor vehicle driver's license will be revoked;

3.If a person drives a commercial motor vehicle after drinking, the motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained within 5 years;

4.If a major traffic accident occurs while driving a motor vehicle after drinking, the motor vehicle driver's license will be revoked, and the motor vehicle driver's license shall not be re-obtained for life.

Legal provisions: Article 91 of the Road Traffic Safety Law stipulates:

Those who drive a motor vehicle after drinking alcohol shall be subject to a suspension of 6 months of motor vehicle driver's 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 between 1,000 and 2,000 yuan, 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 cannot be re-obtained within 5 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 within 5 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 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, the motor vehicle driver's license cannot be re-obtained for life.

It's hard to say, last year my dad drunk driving said to be revoked, and finally mediated, deducted points, fined, can't drive for half a year, that's it, look at the alcohol content of your exhaled breath, if it exceeds a certain value, it will be revoked, under that value, it will be deducted points, a driver's license will only be 12 points, if it is deducted, bye-bye. That's it, adopt!

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.