How the Traffic Safety Act deals with alcohol

The driver's blood alcohol content is greater than (equal to) 20 mg 100 ml and less than 80 mg 100 ml is drunk driving. Road Traffic Safety Law of the People's Republic of China: 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.

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.

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.

Regulations on the application and use of motor vehicle driver's license: In any of the following circumstances, a motor vehicle driver's license shall not be applied: (4) a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, which constitutes a crime; (5) Driving a motor vehicle while intoxicated or driving a commercial motor vehicle after drinking alcohol and having had their motor vehicle driver's license revoked for less than five years in accordance with law; Demerit points for road traffic safety offenses 12 points for driving a motor vehicle after drinking.

Drunk driving: Drunk driving refers to the act of driving a motor vehicle in a state of complete or partial loss of personal will due to the consumption of alcohol. More than 80 mg is one of the traffic offences of drunk driving, referred to as drunk driving. It may constitute a dangerous driving or traffic offence.

Drunk driving is criminalized, detained for half a year, 12 points will be deducted for drunk driving, and the driver's license will be revoked. Please obey the traffic rules.

According to Article 91 of the Road Traffic Safety Law of the People's Republic of China, 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; 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 also be fined not less than 500 yuan but not more than 2,000 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, 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.

What are the criteria for judging drunk driving and drunk driving?

1. Drinking and driving.

Criteria for judging drunk driving: 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 (20ml), the blood alcohol concentration can be reached, that is, the penalty conditions for drinking and driving can be 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, and 6 points shall be deducted. 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 of the vehicle with a blood alcohol content greater than or equal to 80mg 100ml. According to the national "Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers", a driver with a blood alcohol content of 20-80 mg in 100 ml is a drunk driver, and a driver with 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 have blood drawn 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.

Hello, if a drunk driver causes an accident, whether the insurance company should bear the liability of compulsory traffic insurance, the court's judgment on this issue is also inconsistent. Proponents believe that compulsory traffic insurance is a type of compulsory insurance, which is clearly stipulated in the Road Traffic Safety Law and the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability (hereinafter referred to as the "Regulations"). The "Regulations" stipulate that when a driver is drunk and causes a traffic accident, the insurance company shall pay the rescue expenses for the victim in advance within the insurance limit, and has the right to recover compensation from the victim.

This is essentially an upfront payout. The above-mentioned laws and regulations establish the principle that the insurance company shall bear the no-fault liability for the insured accident, regardless of whether the parties to the traffic accident are at fault and what the degree of fault is, the insurance company will first compensate within the liability limit, which reflects the social welfare attribute of compulsory insurance for motor vehicle traffic accident liability. Compulsory motor vehicle traffic accident liability insurance is an insurance compulsory by the state in the form of laws and regulations in order to safeguard the public interest, and its main purpose is to ensure that car accident victims can obtain basic assistance in a timely manner.

In China's current social security and assistance system is not sound and imperfect, and the court's civil case enforcement is unsatisfactory, the positive role of compulsory traffic insurance is particularly obvious. Thank you, hope to adopt!

Alcohol content 0%-19% release. If the alcohol content is 20%-79%, a penalty of 500 will be imposed, 12 points will be deducted, and the driver's license will be suspended for 3 months. Detained for 15 days. Alcohol content of more than 80% will be fined 2,000, 12 points will be deducted, and the driver's license will be suspended for 3 months. Detained for 15 days.

12 points for driving a motor vehicle after drinking or while intoxicated: The new regulations on the punishment of drunk driving divide drunk driving into two grades: drunk driving and drunk driving, and increase the punishment for drivers who drive commercial motor vehicles: (1) The penalties for drunk driving are:

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 also be fined not less than 200 yuan but not more than 500 yuan; Anyone who drives a commercial motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for three months and shall be fined 500 yuan. (2) 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 his motor vehicle driver's license shall be 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; 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.

A fine of 500, 12 points will be deducted, and detention will be within 15 days.

How to deal with drunk driving in general.

Drunk driving: Drinking and driving a motor vehicle will result in a fine of 1,000 yuan to 2,000 yuan, 12 demerit points and a temporary suspension of the driver's license for 6 months. Drunk driving: driving a motor vehicle while intoxicated, the driver's license will be revoked, and the driver's license shall not be re-obtained for 5 years, and the sentence shall be criminal detention and a fine after the judgment.

Latest penalties.

1: There are two types of drunk driving: alcohol content.

Reaching 20mg 100ml but less than 80mg 100ml is considered drunk driving; Drunk driving is defined as drunk driving if the alcohol content reaches 80mg 100ml or more. Currently, driving under the influence of alcohol is an offence, and driving while intoxicated is a crime.

2: Drinking and driving a motor vehicle, a fine of 1,000 yuan to 2,000 yuan, 12 points and a temporary suspension of the driver's license 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.

3: Driving a motor vehicle while intoxicated, having your 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.

Article 91 of the Traffic Safety Act

Anyone who drives a motor vehicle after drinking alcohol shall be temporarily detained for one month and not more than three months.

return to the driver's license of the motor vehicle, and a fine of not less than 200 yuan but not more than 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 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 also 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 have his motor vehicle driver's license suspended for three months and shall be fined 500 yuan. 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.

Where there is an act of driving a motor vehicle while intoxicated as provided for in the preceding two paragraphs within one year, and the person is punished more than twice, the motor vehicle driver's license shall be revoked, and the motor vehicle shall not be driven for five years.

What are the penalties for drunk driving.