How to deal with drunk driving of minors? How to punish underage drunk driving

The handling of underage DUI is the same.

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.

Directly caught in the juvenile prison center, minors are not allowed to drive, let alone drunk driving.

It depends on whether you have a driver's license, otherwise you will still be detained.

Legal analysis: Where a person under the age of 14 has an illegal act, no administrative punishment shall be given, and a guardian shall be ordered to discipline him, and if a person who has reached the age of 14 but is not yet 18 years old has an illegal act, the administrative punishment shall be mitigated or commuted. Accordingly, the traffic patrol department of the public security department shall not punish minors under the age of 14 who drive motor vehicles in violation of traffic safety laws and regulations.

Legal basis: Article 30 of the "Administrative Punishment Law of the People's Republic of China" Where minors under the age of 14 have illegal conduct, administrative punishment is not to be given, and guardians are ordered to discipline them; Minors who have already reached the age of 14 but are not yet 18 years old and have illegal conduct shall be given a lighter or commuted administrative punishment.

Article 21 of the Law of the People's Republic of China on Public Security Administration Punishments: In any of the following circumstances, where a person who violates the administration of public security shall be given a punishment of administrative detention in accordance with this Law, the punishment of administrative detention shall not be enforced: (1) Those who have reached the age of 10, are 4 years old, and are not yet 16 years old; (2) Those who have reached the age of 16 but are not yet 18 years old, and have violated the administration of public security for the first time; (3) 70 years of age or older; (4) Pregnant or breastfeeding a child under the age of one.

Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China Anyone who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ: (1) driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license has been suspended; (2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; (3) Fleeing after causing a traffic accident does not constitute a crime; (4) The motor vehicle is driving more than 50 percent of the speed limit; (5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws and regulations and the requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime; (6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion; (7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime; (8) Illegally stopping friends to fight, intercepting or detaining motor vehicles, and refusing to listen to dissuasion, causing serious traffic obstruction or relatively large property losses.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.

Legal analysis: Violation of traffic laws, drinking and driving, causing serious injuries to others or the loss of the first property of a major financial child, this is suspected of the crime of traffic accidents, which is criminal detention and is a criminal case; or drunk driving, suspected of dangerous driving and criminally detained, the same is a criminal case.

The longest period of detention is 37 days, the shortest is 3 days, and if a drunk driver causes an accident or is detained for drunk driving, it must be judged according to the severity of the accident.

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 handling of drunk driving under the influence of minors is the same. According to the 20th meeting of the Standing Committee of the 11th National People's Congress on April 22, 2011, the "Amendment (VIII) to the Criminal Law of the People's Republic of China" and the "On Amending the Road Traffic Safety Law of the People's Republic of China" Article 91 of the Road Traffic Safety Law of the People's Republic of China stipulates that 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 drive a motor vehicle under the influence of alcohol are punished, and those who drive a motor vehicle under the influence of alcohol again shall 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 under the influence of alcohol, he shall be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driver's license shall be revoked by Qiao Jing and criminal responsibility shall be investigated in accordance with the law; A motor vehicle driver's license may not be re-obtained within five years.

Legal analysis: driving under the influence of alcohol is illegal and shall be punished according to law; Driving without a license violates the law and shall be punished in accordance with law; Where two or more types of illegal conduct are to be punished separately and enforced together, and where administrative detention punishments are combined, the longest is not to exceed 20 days. In this case, the administrative punishment for the minor was mitigated or commuted; At the same time, according to the actual situation, a decision will be made on whether to carry out administrative detention; Fines shall be enforced.

Legal basis: Law of the People's Republic of China on Public Security Administration Penalties

Article 16: Where there are two or more violations of the administration of public security, separate decisions are to be made and enforcement are combined. Where administrative detention punishments are combined, the longest is not to exceed 20 days.

Article 21: In any of the following circumstances, where a person who violates the administration of public security shall be given a penalty of administrative detention in accordance with this Law, the punishment of administrative detention is not to be enforced:

1) Those who have reached the age of 14 but are not yet 16 years old;

2) Those who have reached the age of 16 but are not yet 18 years old, and who have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of 1.