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If the drunk driver temporarily withholds the driver's license for 6 months, and a fine of not less than 1,000 yuan but not more than 2,000 yuan, and if he drinks again, he shall be detained for up to 10 days, and shall be fined not less than 1,000 yuan but not more than 2,000 yuan, and the driver's license shall be revoked; If you are drunk and have your driver's license revoked, you will not be allowed to re-obtain your driver's license for 5 years, and you will be sentenced to criminal detention after a judgment.
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Don't drink while driving, don't drive while drinking"Driving a motor vehicle after drinking not only harms others and yourself, but will also be severely punished by the law, in fact, in many people's cognition, driving a car after drinking is considered drunk driving, so riding an electric car after drinking is not considered drunk driving?
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China's Road Traffic Safety Law 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 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.
On May 1, 2012, drunk driving was included in the scope of punishment under the Criminal Law, and once the person subject to political trial and his close relatives were sentenced to criminal detention for drunk driving (that is, they have violated the criminal law), it would have a certain degree of impact on the person being subjected to political trial.
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Legal analysis: If you drink and drive, you will be given an administrative penalty of suspending your motor vehicle driver's license for 6 months and a fine of between 1,000 and 2,000 yuan. However, if it reaches a state of intoxication, it constitutes a crime and is suspected of dangerous driving, that is, drunk driving without an accident will be punished with criminal detention, and the period of detention shall be between one month and six months, and a fine.
Legal basis: Article 133 of the Criminal Law Anyone who drives a motor vehicle on a 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.
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If it is the first time to drink and drive, you will not be detained, but if you are caught drunk driving, you will have your motor vehicle driver's license suspended for 6 months and a fine of between 1,000 yuan and 2,000 yuan. The law stipulates that if a person drives a motor vehicle after drinking alcohol, the motor vehicle driver's license shall be suspended for 6 months and a fine of 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 shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their motor vehicle driver's license revoked.
Legal basis] Article 91 of the Road Traffic Safety Law of the People's Republic of China.
Those who drive a motor vehicle after drinking alcohol shall be subject to a suspension of 6 months of motor vehicle driver's license and a fine of 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 shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their motor vehicle driver's license revoked.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Article 91 of the Road Traffic Safety Law of the People's Republic of China provides that a person 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; You are not allowed to re-obtain a motor stuffy car driver's license 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.
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The penalties for drunk driving are mainly: drunk driving, suspension of 6 months driver's license, and a fine of between 1,000 yuan and 2,000 yuan. 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.
Drunk driving shall be restrained by the public security organs until sobering up. Revoke the driver's license, investigate criminal responsibility in accordance with the law, and shall not re-obtain the driver's license within 5 years, and constitute the crime of dangerous driving, and shall be sentenced to criminal detention and fine; 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 basisArticle 1 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated.
Driving a motor vehicle on the road with a blood alcohol content of 80 milligrams to 100 milliliters or more is to be intoxicated driving a motor vehicle, and is to be convicted and punished as the crime of dangerous driving in accordance with the provisions of paragraph 1 of Criminal Law article 133-1. The relevant provisions of the Road Traffic Safety Law shall apply to the "roads" and "motor vehicles" provided for in the preceding paragraph.
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China's Road Traffic Safety Law stipulates that anyone who drives a motor vehicle after drinking alcohol shall be subject to a temporary suspension of the motor vehicle driver's license for six months and a fine of 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 motor vehicle is drunk and has no limbs, the traffic management department of the public security organ shall restrain it until it 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.
On May 1, 2012, drunk driving was included in the scope of punishment under the Criminal Law, and once the person subject to political trial and his close relatives were sentenced to criminal detention for drunk driving (that is, they have violated the criminal law), it would have a certain degree of impact on the person being subjected to political trial.
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[Legal Analysis].Drunk driving is not considered a recidivist and is dealt with in accordance with traffic laws and regulations, and a criminal who has been sentenced to fixed-term imprisonment or higher, and who, after the completion of the execution of the criminal punishment or pardon, commits another crime that should be sentenced to a fixed-term imprisonment or higher sentence within five years, is a recidivist and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18.
Drunk driving standards: According to the 2013 new traffic regulations on drunk driving penalties, the driving behavior of the driver with a blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml is regarded as drunk driving. In other words, if the driver drinks 350ml (about 1 small bottle) of beer or half a tael of liquor (20ml), the penalty for drinking and driving will be met.
Penalties for drunk driving: According to the 2013 new traffic regulations on drunk driving penalties, those who drive a motor vehicle after drinking alcohol will be given 12 points at a time, their driver's license will be temporarily suspended for half a year, and a fine of between 1,000 yuan and 2,000 yuan will be imposed. Those who drive a motor vehicle while intoxicated shall not be allowed to drive a or B license for life.
In addition, drivers with a history of alcohol and drug abuse are prohibited from driving school buses.
Legal basisArticle 91 of the Road Traffic Safety Law Anyone who drives a motor vehicle after drinking alcohol shall be subject to a suspension of 6 months of motor vehicle driver's license and a fine of 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 shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, 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 cannot be re-obtained within 5 years.
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 5 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 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, the motor vehicle driver's license cannot be re-obtained for life.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with a professional in detail.
Drunk driving is treated as drunk driving, to see whether it is dangerous driving, that is, whether the alcohol test report is more than 80, less than 80, it should be fined plus detention and suspension of the driver's license for six months, more than 80 may be sentenced to less than six months of criminal detention. Thank you.
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