What is the strictest position for drunk driving, and what is the standard for meeting drunk driving

1. Provisions of the Road Traffic Safety Law.

Drunk driving: driving a motor vehicle under the influence of alcohol shall be fined 1,000 yuan to 2,000 yuan, 12 points will be deducted and the driver's license will 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.

Drunk driving: driving a motor vehicle while intoxicated, having your 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.

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.

Deduct points'Fines'Detention, drunk driving detention commuted sentence plus lifetime driving ban!

Fixed-term imprisonment of not less than 7 years but not more than 15 years.

Legal Analysis: The criteria for drunk driving are divided into drunk driving and drunk driving. Driving a motor vehicle with a blood alcohol content greater than (equal to) 20 mg 100 ml and less than 80 mg 100 ml is considered drunk driving, and driving a motor vehicle with a content greater than (or equal to) 80 mg and 100 ml is drunk driving.

Legal basis: According to the provisions of the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522 - Test of Drunk Driving 2004) issued by the State Bureau of Quality Supervision, Inspection and Quarantine Bureau, the regulations point out that drinking and driving refers to the driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml. Drunk driving refers to the driving behavior of the driver of a vehicle with a blood alcohol content greater than or equal to 80mg 100ml.

Legal analysis: The criterion for judging drunk driving is the driving behavior of the driver whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml. According to the calculation, under normal circumstances, after drinking 350ml (about 1 small bottle of beer or half a tael of liquor), the blood alcohol concentration can be reached, that is, the penalty conditions for drinking and driving can be met.

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, 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.

There are two types of drunk driving, one is drunk driving, and the other is drunk driving. Drunk driving is the blood alcohol content of the vehicle driver greater than or equal to 20mg l00ml and less than 80mg l00ml; Drunk driving, on the other hand, is an alcohol content greater than or equal to 80mg l00ml.

Article 91 of the Road Traffic Safety Law: Anyone who drives a motor vehicle after drinking alcohol shall be subject to a six-month suspension of the driver's license of the motor vehicle 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 who drive a motor vehicle after drinking alcohol again and then 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.

Drunk driving is divided into driving under the influence of alcohol and driving while intoxicated. Drinking and driving means that the blood alcohol content of the vehicle driver is greater than or equal to 20mg 100ml and less than 80mg 100ml; Drunk driving means that the driver's blood alcohol content is greater than or equal to 80mg ml.

It refers to the behavior of a driver driving a motor vehicle on the road during the period of alcohol (generally within 8 hours) after drinking alcoholic beverages such as liquor, beer, fruit wine, rice wine, and sparkling wine.

In fact, the alcohol we drink will be absorbed by the body, and the alcohol will reach the bloodstream, and the more we drink, the higher the alcohol content of the wine, and the shorter the time, the higher the alcohol content in the body. Therefore, the standard for testing drunk driving is based on the amount of alcohol in the blood.

A blood alcohol content of more than 20 mg ml but less than 80 mg ml is considered drunk driving, and 80 mg ml or more is drunk driving.

A driver with a blood alcohol content greater than or equal to 20 milligrams per 100 millilitres and a blood alcohol content of less than 80 milligrams per 100 millilitres is a driving vehicle after drinking;

80mg 100ml blood alcohol content = exhaled air alcohol content.

20mg 100ml blood alcohol content = exhaled air alcohol content.

The relevant laws in our country divide drunk driving into drunk driving and drunk driving. Driving under the influence of alcohol and driving while intoxicated are defined by the value of the alcohol content in the driver's blood and breath. The so-called drinking and driving refers to the driving behavior of the driver's blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml.

The so-called drunk driving refers to the driving behavior of the driver with a blood alcohol content greater than or equal to 80mg 100ml.

According to the calculation, under normal circumstances, after drinking 350ml (about 1 small bottle) of beer or half a tael of liquor (20ml), the blood alcohol concentration can reach 20mg 100ml, that is, the penalty conditions for drinking and driving are met; According to the provisions of the new traffic law, if a person drives a motor vehicle after drinking, the 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. The legal penalties for driving a commercial motor vehicle after drinking alcohol are more severe: driving after drinking alcohol is subject to a three-month suspension of the motor vehicle driver's license and a fine of 500 yuan.

When the amount of alcohol consumed rises to 1400ml, which is equivalent to about 3 bottles of 500ml beer or 80ml of one or two halves of liquor, the blood alcohol concentration can reach 80mg 100ml can meet the conditions for drunk driving punishment: those who drive a motor vehicle while drunk shall be detained for not more than 15 days and have their motor vehicle driving license suspended for more 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. Anyone who drives a motor vehicle while intoxicated shall be detained for up to 15 days and have his motor vehicle driver's license suspended for six months, and shall be fined 2,000 yuan.

Drunk driving means that the driver's blood alcohol content is greater than or equal to 20 milligrams and less than 80 milligrams per 100 milliliters; If the blood alcohol content reaches or exceeds 80 milligrams per 100 millilitres, it is classified as drunk driving.

You can drive a car to some extent.

Everyone's ability to absorb and metabolize alcohol is different. Experts suggest that normal adults, if they drink no more than two-fifths of ordinary beer, that is, they cannot reach 256 ml, liquor below 50 degrees can not exceed five yuan, and red wine cannot exceed two taels (less than half a glass), this standard is usually recognized as whether it belongs to the "lifeline" of drunk driving.

Generally, the metabolism of alcohol in the body has a half-life of human metabolism, that is, about 3 hours after drinking, the alcohol content in the body drops by half, and after 6 hours, it may drop by the remaining half, and so on. Therefore, the public should not drink too much, let alone too late, because if you drink too much at that time, the longer the sobering time will be, and the greater the harm to the body.

Because after the driver's license has been deducted 12 points, the driver must receive a certain period of study and education, and take the subject 1 test again before he can drive again. Traffic police reminded drivers not to drink and drive overnight.

Traffic police tips Don't drive the next day after drinking.

The traffic management department reminds that drunk driving refers to the driver's blood alcohol content greater than or equal to 20 milligrams per 100 milliliters and less than 80 milligrams; If the blood alcohol content reaches or exceeds 80 milligrams per 100 millilitres, it is classified as drunk driving.

How much alcohol can be drunk to drive under the influence of alcohol, and how long does it take for blood alcohol levels to drop to normal after drinking?

Due to individual differences, each person's ability to absorb and metabolize alcohol is also different. Experts suggest that normal adults, if they drink no more than two-fifths of ordinary beer, that is, they cannot reach 256 ml, liquor below 50 degrees can not exceed five yuan, and red wine cannot exceed two taels (less than half a glass), this standard is usually recognized as whether it belongs to the "lifeline" of drunk driving.

In general, there is a half-life of human metabolism in the metabolism of alcohol in the body, that is, about 3 hours after drinking, the alcohol content in the body drops by half, and after 6 hours, it may drop by the remaining half, and so on. Therefore, even if the public does not drive immediately after drinking, they should not drink too much, let alone too late, because if they drink too much at that time, the longer the sobering time will be, and the greater the harm to the body.

The standard for drunk driving stipulated in the Traffic Law is determined by the blood alcohol content of the driver.

If the blood alcohol content of the motor vehicle driver is greater than or equal to 20mg 100ml and less than 80mg 100ml, it is drunk driving. If the blood alcohol content of the driver of a motor vehicle is greater than or equal to 80mg 100ml, it is drunk driving.

Normally, drinking 1 or 2 bottles of beer, or about one or two 12-degree red wine, and half two 50-degree white wine, can meet the standard of drunk driving.

Penalties for Drunk Driving:

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. 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 and have their motor vehicle driver's license revoked.

2. If a person is drunk and drives a motor vehicle, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and investigate criminal responsibility in accordance with the law; A motor vehicle driver's license may not be re-obtained within five years.

3. Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined and revoked his motor vehicle driver's license, and shall not re-obtain a motor vehicle driver's license within five years.

4. 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 driver's license of the motor vehicle, and investigate criminal responsibility in accordance with the 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.