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According to the provisions of the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522-2004) issued by the State Bureau of Quality Supervision, Inspection and Quarantine, 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.
The above is the official explanation, because of personal physical factors, this standard is equivalent to how much alcohol to drink varies from person to person, but according to people who have done a breathalyzer test, a glass of beer (it should be said that the standard beer glass) can be detected, and more than one glass is drunk driving. If you are driving drunk, if you only look at the proportions, maybe 4 drinks.
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The average person who drinks a bottle and a half beer and less than half a tael of liquor will not exceed the prescribed value of drunk driving 20mg per 100ms, drunk driving is difficult to say, and it varies from person to person, which depends on each person's actual measurement.
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I'm in a hurry. Let's keep it simple and straightforward.
Drunk driving is drunk driving, even if it is a small glass, drunk driving will be subject to a alcohol test.
Look at the alcohol content.
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Legal analysis: The traffic police will implement the new standards when determining that the driver is drunk driving, and punish them according to the two scales of drunk driving and drunk driving. According to the traffic police, for every 100 milliliters of blood of motor vehicle drivers, the alcohol content reaches 20 milligrams for drinking and driving, which is roughly equivalent to drinking a glass of beer; A blood alcohol content of 80 milligrams or more per 100 milliliters of blood can be considered drunk driving, which is equivalent to drinking 3 taels of low-alcohol liquor or two bottles of beer.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" 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.
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The difference between drunk driving and drunk driving is the difference in their blood alcohol content, the difference in definition, etc., and their differences are:
1. The definitions are different. Drunk driving refers to the act of driving a motor vehicle after drinking alcohol, while drunk driving refers to the difference in blood alcohol concentration after drinking alcohol to a certain amount.
2. The difference in blood alcohol content. Drunk driving is defined as a driver's blood alcohol content greater than or equal to 20mg
100ml, less than 80mg 100ml of driving behavior. Drunk driving refers to the driving behavior of a driver with a blood alcohol content greater than or equal to 80mg 100ml.
3. The punishment is different. Ordinary drunk driving will be suspended for 6 months of motor vehicle driving license, and a fine of between 1,000 yuan and 2,000 yuan will be imposed. 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 driver's license of the motor vehicle, and pursue criminal responsibility in accordance with the law; A motor vehicle driver's license cannot be re-obtained within 5 years.
Article 133-1 of the Criminal Law of the People's Republic of China Whoever drives a motor vehicle on a road in any of the following circumstances is to 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) Violating the regulations on the safety management of hazardous chemicals and transporting hazardous chemicals and 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.
Threshold and test of blood and breath alcohol content of vehicle drivers.
The threshold of blood alcohol content of vehicle drivers who have drunk alcohol or drive while intoxicated is shown in Table 1.
Table 1: Thresholds for blood alcohol content of vehicle drivers.
Driving behavior category thresholds.
Driving behavior category threshold (mg 100ml).
Drinking alcohol and driving 20, 80
Driving while drunk 80
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Legal analysis: 1. Drinking and driving.
Criteria for judging drunk driving: the driving behavior of the vehicle driver's blood alcohol content 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 (20ml), the blood alcohol concentration can be reached, that is, the penalty conditions for drinking and driving can be met.
Anyone who 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 be fined not less than 200 yuan but not more than 500 yuan, and 6 points shall be demerited. The legal penalties for driving a commercial motor vehicle after drinking alcohol are more severe: driving after drinking alcohol shall be subject to a three-month suspension of the motor vehicle driver's license, a fine of 500 yuan, and 12 demerit points.
2. Drunk driving.
Criteria for judging drunk driving: the driving behavior of the driver with a blood alcohol content greater than or equal to 80mg 100ml. A driver with a blood alcohol content of 20-80 mg per 100 ml is considered drunk driving, and a blood alcohol content of more than 80 mg is considered drunk driving.
The blow test is not included in the drunk driving test. According to the standard of evidence collection in criminal cases, drivers suspected of drunk driving must be sampled for evidence. The investigation of the alcohol monitoring instrument data in drunk driving is only a method for the traffic police to judge drunk driving in the early stage, and an appraisal conclusion is made through the comparison of the alcohol content in the suspect's body.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" 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.
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There is a difference between drunk driving and drunk driving, drunk driving refers to the complete or partial loss of personal will due to drinking, driving a motor vehicle in this state, being found by the traffic police is subject to a certain punishment, serious cases will be detained and punished, and so on.
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What is the difference between drunk driving and drunk driving?
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1.Drunk driving: The driver's alcohol content per 100 milliliters of blood is greater than or equal to 20 milligrams and less than 80 haunts. Drunk driving: The driver's alcohol content is greater than or equal to 80 milligrams per 100 milliliters of blood.
2.Drunk driving and drunk driving are both serious traffic violations and should be punished by laws and regulations, and from the perspective of harm, drunk driving is far more harmful than drunk driving.
3.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.
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 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.
5.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.
6.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.
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