In 2014, if the blowing level of a motor vehicle while driving while intoxicated was 180, what will

If you are driving while intoxicated, you are punishable by detention for up to six months and a fine according to the provisions of the Criminal Code.

Legal analysis: an alcohol content of 170 is drunk driving, and drunk driving is drunk driving (the behavior of the driver of the vehicle with a blood alcohol content greater than or equal to 20 mg 100 ml, less than 80 mg and 100 ml); Drunk driving is drunk driving (the act of driving a vehicle with a blood alcohol content greater than or equal to 80 mg to 100 ml).

Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on the 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.

Threshold and test of blood and breath alcohol content of vehicle drivers》 Alcohol content threshold.

The threshold of blood alcohol content of vehicle drivers who have drunk alcohol or drive while intoxicated is shown in Table 1.

Table 1 Threshold of 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

The driver blew 80 on the spot, which is considered drunk driving. If the blood alcohol content of the driver of the vehicle is greater than or equal to 80mg or 100ml, it is drunk driving. Therefore, the driver blows 80 on the spot and counts as drunk driving, but if it is determined that he is drunk driving, he should also take a blood test to be completely determined.

Threshold and test of blood and breath alcohol content of vehicle drivers》 The driving behavior of driving behavior is drunk driving if the alcohol content in the blood talk of vehicle drivers is greater than or equal to 20mg 100ml and less than 80mg 100ml; If the driver's blood alcohol content is greater than or equal to 80mg or 100ml, the driving behavior is drunk driving. Article 91 of the "Road Traffic Safety Law" assigns 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, revoke the driver's license of the motor vehicle, and investigate criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within 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.

10-20 penalty standard for drunk driving, driving a motor vehicle after drinking, shall be suspended for six months and 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.

The criteria for determining the alcohol content of a drunk driver are as follows:

1. Breath alcohol content value, the driving behavior of the driver's blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml is drinking and driving;

2. Driving with an alcohol content greater than or equal to 80mg 100ml is drunk driving.

There are three types of drunk driving sentences:

1. Where the circumstances are minor, punishment may be waived and no sentence may be given, including moving a parking space, treating a patient, sleeping and resting, driving drunk at intervals, not driving out yet, and being rear-ended by a drunk driver;

2. The general punishment is criminal detention and a fine, and the short-term detention is between one month and six months; Short-term detention refers to the punishment of depriving a convict of his or her personal liberty for a short period of time, detaining him in the nearest neighborhood and forcing him to work. The period of short-term detention is between one month and six months, and the maximum period of punishment for multiple crimes cannot exceed one year. In the case of short-term detention, criminals sentenced to short-term detention shall be executed by the nearest public security organ.

The term of short-term detention is calculated from the date on which the judgment is enforced; Where a person is detained before the judgment is enforced, the sentence is to be deducted by one day for each day of detention and Zhihui detention.

3. There is a distinction between actual punishment and suspended sentence, and a sentence of three months of short-term detention is a real sentence, and a sentence of three months of short-term detention and a four-month suspended sentence is a suspended sentence. The actual sentence is to accept the punishment of serving the sentence after the judgment, and the suspended sentence is the suspension of the execution of the criminal punishment, the sentence is three suspended and four are given, and a four-month probationary period is given, during the probationary period, there is no illegal crime, and no punishment is to be imposed at the end of the probationary period, and the probationary period is to break the law and commit a crime, and the probation is revoked and the execution of the criminal punishment is resumed. During the probation period, criminals are prohibited from engaging in specific activities, entering specific areas and venues, and contacting specific people.

If the blowing alcohol content is higher than 80mg 100ml, it can be recognized as drunk driving. 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.

1. Is drunk driving drunk driving, and what is the difference between the two?

Drunk driving is not drunk driving, the difference between the two:

1) The alcohol content requirements are different.

1. Drunk driving: The driving behavior of a vehicle driver with a blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml is drunk driving.

2. Drunk driving: The driving behavior of the driver with a blood alcohol content greater than or equal to 80mg 100ml is drunk driving.

2) The administrative punishment is not clear.

1. Drunk driving: 1) Suspend the motor vehicle driver's license for six months and impose a fine of not less than 1,000 yuan but not more than 2,000 yuan;

2) 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 not less than 1,000 yuan but not more than 2,000 yuan, and have their motor vehicle driver's license revoked;

3) 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 five years.

2. Drunk driving: 1) The traffic management department of the public security organ shall restrain the motor vehicle driver's license until it sobers up, and investigate criminal responsibility in accordance with the law; It is not allowed to obtain a motor vehicle driver's license again within five years;

2) 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 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.

3. How long is the detention period for drunk driving?

The term of detention for drunk driving is one month to six months. If the punishment for multiple crimes is combined, the maximum amount of detention cannot exceed one year. 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, and the motor vehicle driver's license shall not be re-obtained within five years.

Drunk driving refers to the driving behavior of a vehicle driver with a blood alcohol content greater than or equal to 80mg 100ml.

Article 91 of the Road Traffic Safety Law.

Anyone who drives a motor vehicle after drinking alcohol in paragraphs 1 or 2 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.