What are the penalties for driving a motor vehicle on the road while intoxicated

The traffic management department of the public security organ shall restrain the motor vehicle driver's license until it sobers up, and pursue criminal responsibility in accordance with the 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. Legal basis: Article 1 of the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated" provides that a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, a person must not re-obtain a motor vehicle driver's license for life.

II. 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 Article 133-1 of the Criminal Law: (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) The blood alcohol content reaches 200 milligrams or more than 100 milliliters; (3) Driving on expressways 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 do not constitute 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 where a heavier punishment may be given.

Legal analysis: The penalties for driving a motor vehicle on the road while drunk are mainly to revoke the driver's license, investigate criminal liability in accordance with the law, and ban driving for 10 years, and be prohibited from driving a commercial vehicle for life. Driving a motor vehicle while intoxicated shall be punished with a driver's license revoked, criminal responsibility shall be investigated in accordance with the law, and driving shall be banned for 5 years.

If an accident causes injury, you will also be liable for compensation.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on a road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, the circumstances are heinous (2) driving a motor vehicle while intoxicated (3) engaging in school bus business or passenger transportation, seriously exceeding the rated occupants to carry passengers, or seriously exceeding the prescribed speed (4) transporting hazardous chemicals in violation of the provisions 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.

Article 91 of the Road Traffic Law clearly stipulates that a person who drives a motor vehicle while intoxicated shall be subject to the control of the public security traffic management unit of the public security department until he sobers up, and shall be detained for not more than 15 days and the motor vehicle driver's license for not less than three months but not more than six months shall be detained, and a fine shall be imposed. It is not possible to obtain a new motor vehicle driver's license for five years.

1. Driving a motor vehicle on the road with a blood alcohol content of 80 milligrams or more than 100 milliliters is considered to be driving a motor vehicle while intoxicated, and is suspected of being convicted of the crime of dangerous driving, that is, driving a motor vehicle while intoxicated on the road shall be sentenced to short-term detention and a fine.

2. In any of the following circumstances, driving a motor vehicle while intoxicated shall be given a heavier punishment in accordance with the provisions of the conviction of the crime of dangerous driving:

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

(2) The blood alcohol content reaches 200 milligrams or more than 100 milliliters;

(3) Driving on expressways 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 do not constitute 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 where a heavier punishment may be given.

If the blood alcohol content is greater than 20 and less than 80 mg and 100 ml, the driver's license will be suspended for six months and 12 points will be deductedIf the alcohol exceeds 80 mg, it is considered to be driving a motor vehicle while intoxicated, which constitutes the crime of dangerous driving, and the driver's license will be revoked and fined, and at the same time, it will be sentenced to 1 to 6 months of detention and a fine according to the law.

Drunk driving is the act of driving a motor vehicle in a state that results in total or partial loss of personal will due to the consumption of alcohol. A blood alcohol content greater than 20 milligrams per 100 milliliters is considered drunk driving, and a blood alcohol content greater than 80 milligrams is one of the traffic violations of drunk driving, referred to as drunk driving.

Article 91 of 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. If he is punished for driving a motor vehicle after drinking, he shall be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have his driver's license revoked. 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, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with the 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.

Criteria for determining drunk driving: Alcohol content greater than (equal to) 80 milligrams per 100 milliliters of blood is drunk driving.

The Criminal Law stipulates that a person who is intoxicated shall bear criminal responsibility for committing a crime. The perpetrator clearly knew that drunk driving was illegal and that drunk driving would endanger public safety, but he ignored the law and drove while drunk, especially if he continued to drive and collide after the accident, causing a major accident, indicating that the perpetrator had a laissez-faire attitude towards the continuous occurrence of harmful results, and had the intention to endanger public safety.

Anyone who causes a major accident caused by such drunk driving shall be convicted of the crime of endangering public safety by dangerous means in accordance with law.

Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for not less than 1 month but not more than 3 months, and shall be fined not less than 200 yuan but not more than 500 yuan; 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, and shall be detained for up to 15 days and have their motor vehicle driver's license temporarily suspended for not less than 3 months but not more than 6 months, and shall 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 be subject to a temporary suspension of 3 months of motor vehicle driver's license and a fine of 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 up to 15 days and have his motor vehicle driver's license suspended for 6 months, and shall be fined 2,000 yuan.

If a motor vehicle is punished more than twice within 1 year for driving a motor vehicle while intoxicated, the motor vehicle driver's license shall be revoked, and the motor vehicle shall not be driven for 5 years.

Anyone who drives a motor vehicle while intoxicated may have his driver's license suspended for up to six months in addition to being punished in accordance with the provisions of the "Regulations of the People's Republic of China on Public Security Administration Punishments"; where the circumstances are serious, the driver's license may be suspended for between 6 months and 12 months.

What are the penalties for driving a motor vehicle on the road while intoxicateda. Sentenced to imprisonment of not more than 2 years (b) Short-term detention and a concurrent fine.

c. Sentenced to imprisonment of not less than 2 years.

d. Imposed a controlled release and a fine.

Answer: B best analysis.

It is necessary to understand the literal meaning of detention and surveillance. Convicts sentenced to short-term detention generally refer to those who have committed relatively minor crimes, but have a certain degree of personal danger. Control is a method of punishment in which criminals are not detained, but their freedom is restricted, and they are carried out by the public security organs and supervised by the masses.

Fines, driver's license revocation, jail time.

drunk, definitely detained, driver's license revoked, fined two thousand.

Article 91 of China's "Road Traffic Safety Law" clearly stipulates that 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 be fined not less than 500 yuan but not more than 2,000 yuan.

Article 91 of the new Amendment (VIII) to the Criminal Law of the People's Republic of China, which came into effect on May 2, 2011, and the second amendment to the Road Traffic Safety Law of the People's Republic of China in accordance with the Decision on Amending the Road Traffic Safety Law of the People's Republic of China at the 20th Session of the Standing Committee of the Eleventh National People's Congress on April 22, 2011, stipulates that 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 and revoke the driver's license of the motor vehicle. criminal responsibility is pursued in accordance with the law; A motor vehicle driver's license may not be re-obtained within five years.

Fines, detention of those with bad attitudes.

1. It does not cause a traffic accident. 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.

2. Causing major traffic accidents. 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.

3. Driving a motor vehicle under the influence of alcohol again. 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.

A fine of 1,000,1500 yuan and 15 days of detention.

Revoke your driver's license and ban you from driving for five years.