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According to the "2015 Latest Standards for Penalties for Driving Without a License and Drunk Driving", the two crimes of unlicensed driving and drunk driving are subject to detention for up to 15 days.
Driving a motor vehicle under the influence of alcohol shall be fined 1,000 yuan to 2,000 yuan, 12 points will be demerit 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.
Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended are to be fined between 200 and 2,000 RMB, and may be detained for up to 15 days.
For those who do not carry a motor vehicle driver's license with them, regardless of whether the driver violates the law during the driving process, they are not allowed to continue to drive the vehicle. The traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide a driver's license. It will be handled separately depending on the circumstances of the driver's license provided.
a) If the driver's license provided is true and legal and there is no illegal act while driving, a warning or a fine of 20-200 yuan will be given, and the motor vehicle will be returned in time;
b) If the driver's license provided is true and legal, but there is an illegal act while driving, it will be punished according to the illegal circumstances and the failure to carry the driver's license, and the motor vehicle will be returned in time;
c) If the driver fails to provide a real and legal motor vehicle driver's license, it will be regarded as driving without a license and may be punished in accordance with the above circumstances.
3. Penalties for driving without a license.
Driving without a license and hitting a person constitutes a traffic accident crime, and generally speaking, if there are no aggravating circumstances, it should be sentenced to up to 3 years in prison.
According to Article 133 of the Criminal Law of the People's Republic of China, whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person 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.
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105 days of detention for driving without a license, 105 days for drunk driving, and 210 days for concurrent performance.
Or you can also consult a transportation lawyer in the lawyer's post bar.
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fined 2,000 yuan, temporarily impounded the vehicle, and detained for 15 days;
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If you drive without a license and drink driving, you will be punished for both offenses and will be detained for up to 15 days.
Administrative punishment for driving without a license: Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended are to be fined between 200 and 2,000 RMB, and may be detained for up to 15 days.
Administrative punishment for drunk driving: When drunk driving does not cause the degree of 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 demerit and the driver's license will be suspended for 6 months.
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Anyone who drives without a license and drives under the influence of alcohol shall be fined not less than 1,000 yuan but not more than 2,000 yuan, detained for not more than 15 days, and have his motor vehicle driver's license revoked for six months. If the relevant laws stipulate drunk driving, a fine of 1,000-2,000 yuan, 12 demerit points and a temporary suspension of the driver's license for 6 months shall be imposed. The penalties for driving a motor vehicle after drinking alcohol have also been increased, and those who drive a motor vehicle after drinking alcohol again will be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have their motor vehicle driver's license revoked.
Driving a motor vehicle under the influence of alcohol shall be punished with 15 days of administrative detention and a fine of 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 for five years. If a major traffic accident occurs while drunk driving or drunk driving and constitutes a crime, the public security organ will investigate its criminal responsibility in accordance with the law, and the traffic management department will revoke the motor vehicle driver's license, and the car shall not be re-tested for life.
In the past, when the traffic police identified the driver as drunk driving, they often carried out two ways: visual inspection and alcohol detector, and when the driver admitted to drinking or the alcohol meter showed that the driver's breath contained alcohol, it could be identified as drunk driving.
Legal basisArticle 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 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.
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 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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Legal Analysis: Driving without a license plus drunk driving is punishable by detention for not less than 10 days but not more than 15 days, and a fine. According to the provisions of law, anyone who commits any of the following acts shall be fined not less than 500 yuan but not more than 1,000 yuan; where the circumstances are serious, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB
stealing another person's motor vehicle; Driving or stealing other people's aircraft or motor vessels without obtaining a driver's license.
Legal basis: "Law of the People's Republic of China on the Management and Punishment of Brother La'an" Article 64 Anyone who commits any of the following acts shall be fined between 500 and 1,000 yuan; If the circumstances are severe, he shall be detained for between 10 and 15 days, and shall be fined between 500 and 1,000 yuan
1) Stealing another person's motor vehicle;
2) Driving or stealing another person's aircraft or motor vessel without obtaining a driver's license.
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The maximum duration of DUI detention for driving without a license is 15 days. Administrative punishment for driving without a license: Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended are to be fined between 200 and 2,000 RMB, and may be detained for up to 15 days.
Administrative punishment for drunk driving: When driving drunk but not causing drunk driving, driving a motor vehicle under the influence of alcohol, a fine of 1,000 yuan to 2,000 yuan, 12 points for several travel notes, 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.
Depending on the severity of the offense, some are only fined, while others are subject to detention, usually for 7 days and not more than 15 days. For those who drive a motor vehicle while intoxicated, the penalty of temporarily withholding the motor vehicle driver's license will be changed to revocation of the motor vehicle driver's license, and the motor vehicle driver's license shall not be re-obtained within 10 years.
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