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87 is drunk driving, and will be fined 2,000 yuan, deducted 12 points, have his driver's license revoked, and be sentenced to three to six months of detention.
In accordance with the provisions of the Road Traffic Safety Law:
1. 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 may not be re-obtained 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. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, and a crime is constituted, criminal responsibility shall be investigated according to 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.
Criminal Law and related judicial interpretations.
1. Article 133-1 of the Criminal Law stipulates that anyone who drives a motor vehicle while intoxicated on the road shall be sentenced to short-term detention and a fine.
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If it reaches 80 mg, it is drunk driving, and drunk driving is deducted 12 points at a time, and the driver's license will be suspended for 6 months, and a theory test will be taken. A fine of 2000 for drunk driving, revocation of driver's license, 5 years of not being able to test for a driver's license, sentence, if there is a traffic accident, but also according to the traffic accident, several crimes are punished. A minimum detention of 15 days is underway.
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At present, drunk driving 87 may be detained, only for seven days or administrative punishment, so try not to drive after drinking.
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If you blow like this, if you are convicted of drunk driving, this detention should be about seven days. It depends on the punishment of the traffic police force.
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Drunk driving blows 87 to go to the hospital to have blood drawn, if you get a drunk driving detention for 15 days, 12 points will be deducted.
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87 is drunk driving, and will be fined 2,000 yuan, deducted 12 points, have his driver's license revoked, and be sentenced to three to six months in prison.
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This should be drunk driving, and it can usually be solved in a detention room for about a week.
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A fine, in the detention center, study to go.
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Summary. Hello, a blood alcohol content of 89 is drunk driving, which constitutes the crime of dangerous driving, and will be sentenced to less than 6 months of detention by the court and fined thousands of yuan. If there is no drunk driving record, overcrowding and overloading, and other aggravating circumstances, a suspended sentence can generally be imposed.
I drunk driving blow up to 89m, what a penalty.
Hello Annihilation, blood alcohol content of 89, belongs to drunk driving, Shenqing constitutes the crime of dangerous driving, will be sentenced by the court to 6 months of criminal detention of filial piety, and a fine of thousands of yuan. If there is no drunk driving record, overcrowding and overloading, and other aggravating circumstances, a suspended sentence can generally be imposed. Thank you for your consultation and hope mine can help you.
Mainly wait for the results of the blood draw.
Hello, subject to the blood test data, it is recommended that you wait for the results to come out, the general blowing index will be a little larger, you just happen to be on the 80 demarcation line to Feng Xiao, may be reported to be less than 80, so it does not constitute drunk driving, do not need to pay criminal responsibility.
Thank you, teacher.
I hope mine can help you and look forward to your praise <>
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Legal analysis: penalties for drunk driving: 1. Drunk driving, the driver's license will be suspended for 6 months, and a fine of between 1,000 yuan and 2,000 yuan will be imposed.
Those who have previously been punished for drunk driving and drive under the influence of alcohol again shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their driver's license revoked. 2. Driving a commercial vehicle under the influence of alcohol shall be detained for 15 days, fined 5,000 yuan, and the driver's license shall be revoked, and the driver's license shall not be re-obtained within 5 years.
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
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Generally, the length of detention with an alcohol content of 90 needs to be determined in combination with the circumstances of the case, and if it constitutes drunk driving, it will be sentenced to up to six months of criminal detention, if a traffic accident occurs due to drunk driving, then it will be sentenced to fixed-term imprisonment of less than three years, and if it causes an accident to escape, it will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
1. How long is the detention of a general alcohol content of 90?
The period of detention for drunk driving is not less than one month but not more than six months. Where short-term detention is given, the public security organs are to enforce it at the nearest location (usually in a detention center).
Whoever, on the basis of article 133 of the Criminal Law, violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, 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.
2. What are the circumstances under which drunk driving is punished heavily?
In any of the following circumstances, a person who drives a motor vehicle while intoxicated shall be given a heavier punishment in accordance with the provisions of the Criminal Law:
1) Causing a traffic accident and bearing full or primary responsibility for the accident, or escaping after causing a traffic accident, but not constituting another crime;
2) Blood alcohol content of 200 mg or more than 100 ml;
3) Driving on highways and urban expressways;
4) Driving a commercial motor vehicle carrying passengers;
5) Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates;
6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that do not constitute other crimes;
7) Those who have received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;
8) Other circumstances that may be punished heavily.
2. Can I retake the drunk driver's license revocation?
driving a motor vehicle while intoxicated, having his 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. Driving a motor vehicle with a blood alcohol content greater than (equal to) 20 mg 100 ml and less than 80 mg to 100 ml is considered to be drunk driving. Driving a motor vehicle with a content greater than (or equal to) 80 mg and 100 ml is considered drunk driving.
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.
Based on the above, if the alcohol content reaches 90, then it means that the party has constituted drunk driving, and the punishment will be judged according to the circumstances of the crime, the light one month, the heavy one will be punished according to six months, and the traffic accident will be sentenced to fixed-term imprisonment, so different situations will be dealt with differently.
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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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If you are fully responsible for the accident, the sentence is probably between one and a half to four years, and the injuries of the injured person are taken into account, as well as other circumstances, such as whether there is voluntary surrender, whether there is active rescue, and so on.