Do public employees who are drunk and driving voluntarily resign or wait to be fired from the unit?

Drunk driving should be against the criminal law. In this case, you may usually be expelled, but it depends on the situation. It may only be demerited, demoted, placed on party probation, etc.

Personnel participating in public service should take the initiative to resign while driving drunk, and do not wait for the unit to be fired.

Let's wait to be expelled.

You can also receive unemployment benefits.

Drunk driving is a crime.

Don't worry about the unit.

Let's consider how to mitigate the guilt.

Facing criminal penalties.

If the attitude of admitting guilt is very good, no substantial harm has been caused (the driving process was found but no accident was caused), and the leader of the unit actively mediates and intercedes, he can only accept administrative punishment (such as demerit punishment, suspension of salary and bonus for a certain period of time, suspension of evaluation and promotion for a certain period of time, etc.) and be exempted from criminal punishment, and there is no need to be dismissed.

It depends on how you operate. If you don't have connections and popularity in your workplace (especially your leader), or if you have caused serious social harm due to drunk driving, then ask for more blessings.

I think it's better to wait and deal with it, because the cost of voluntary resignation is too great, and people always have a fluke mentality.

Drunk driving of public service personnel. Do you resign voluntarily, or wait to be fired from the unit? Is it so serious? And that's it. But will they be expelled? Then wait, wait. Is it possible not to be expelled? See if there is an opening that does not open the door without expellation?

It's all the same. Don't resign in your current state.

This has nothing to do with resignation, and it is completely okay for him to accept the punishment of the traffic police. It depends on the nature of the case. There is also the ability of the person to work in the unit. and his position.

Legal analysis: dismissal from public office is generally decided based on the results of the judicial organ's disposition, and drunk driving only has administrative penalties and does not need to be dismissed from public office; Drunk driving may not be prosecuted or exempted from criminal punishment, and generally not dismissed from public office; For example, if a person is sentenced to short-term detention for drunk driving, and if a person of a public institution who is not appointed by an administrative organ or does not have public management functions is sentenced to short-term detention, regardless of whether or not he is given a suspended sentence, he or she will be given a sanction of demotion or removal from his post or above, and may not be dismissed, but where personnel of public institutions appointed by administrative organs and public administration functions and civil servants or personnel participating in public administration are sentenced to short-term detention and probation, they must be dismissed from public office.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 91 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.

Legal Analysis: Civil servants who are punished for drunk driving will be dismissed.

Legal basis: "Civil Servants Law of the People's Republic of China" Article 26: The following persons must not be hired as civil servants: (1) those who have received criminal punishment for crimes, (2) those who have been expelled from the Communist Party of China, (3) those who have been dismissed from public office, (4) those who have been lawfully listed as targets of joint disciplinary action for untrustworthiness, and (5) those who have other circumstances where the law provides that they must not be hired as civil servants.

Legal analysis: dismissal from public office is generally decided based on the results of the judicial organ's disposition, and drunk driving only has administrative penalties and does not need to be dismissed from public office; Drunk driving may not be prosecuted or exempted from criminal punishment, and generally not dismissed from public office; For example, if a person is sentenced to short-term detention for drunk driving, and if a person of a public institution who is not appointed by an administrative organ or does not have public management functions is sentenced to short-term detention, regardless of whether or not he is given a suspended sentence, he or she will be given a sanction of demotion or removal from his post or above, and may not be dismissed, but where personnel of public institutions appointed by administrative organs and public administration functions and civil servants or personnel participating in public administration are sentenced to short-term detention and probation, they must be dismissed from public office.

Legal basis: Criminal Law of the People's Republic of China Article 133-1 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, and the love type is not in the right place;

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 all renters and managers of motor vehicles are directly responsible for the acts in items 3 and 4 of the preceding paragraph, they shall be punished 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).

Driving under the influence of alcohol search 20,<80

Driving while drunk 80

Drunk driving refers to the act of driving a motor vehicle in a state of complete or partial loss of personal will due to the consumption of alcohol. A blood alcohol content greater than 20 milligrams per 100 millilitres is considered drunk driving. A vehicle driver with a blood alcohol content greater than or equal to 80mg or 100ml is a drunk driver.

As long as they are not sentenced to fixed-term imprisonment or higher and are appointed by administrative organs, and are sentenced to criminal punishment in accordance with the law, they will not be dismissed from public office. Article 22 of the "Interim Provisions on the Punishment of Personnel of Public Institutions" Where staff of public institutions are sentenced to criminal punishment in accordance with law, they are to be given sanctions of demotion or removal from their posts or above. Of these, those who have been sentenced to fixed-term imprisonment or higher in accordance with law are to be given a sanction of expulsion.

The sanction of expulsion shall be given. Anyone who drives a motor vehicle on the road with a blood alcohol content of 80 milligrams or more is 100 milliliters or more is considered to be driving a motorized vehicle while intoxicated, and shall be convicted and punished for the crime of dangerous driving in accordance with the provisions of the first paragraph of Article 133-1 of the Criminal Law, and shall be sentenced to criminal detention and a fine.

Article 39 of the Labor Contract Law.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Yes. The Civil Servants Law stipulates that civil servants are state functionaries who perform their official duties in accordance with the law, and the national law has strict provisions on the performance of civil servants in accordance with the law. If a civil servant drives a motor vehicle while intoxicated, or drives a motor vehicle after drinking alcohol and causes a major traffic accident, which constitutes a crime, the public security organs will investigate criminal responsibility in strict accordance with the provisions of the law.

1. Circumstances in which civil servants cannot apply for the examination.

1. Persons who have been criminally punished for crimes or have been dismissed from public office;

2. Personnel who have been found to have committed fraud and other serious violations of recruitment discipline in the recruitment of civil servants at all levels;

3. Civil servants and staff of organs (units) managed with reference to the Civil Servants Law have been dismissed for less than 5 years;

4. Public tenants with less than 2 years of service (including probationary period);

5. Active-duty soldiers, non-fresh graduates;

6. Persons who have other circumstances that are prohibited by law from being hired as civil servants.

2. How should public officials be sentenced for the crime of intentional wounding.

The legal basis for a public official to be sentenced and dismissed from public office. Article 9: Where civil servants of administrative organs receive the sanction of dismissal, they shall have their personnel relationship with the unit terminated from the date on which the sanction decision takes effect, and they must no longer serve as civil servants. Article 17: Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be given the sanction of dismissal.

Article 54: Sanctions are to be given to staff members of public institutions authorized by laws and regulations to have public affairs management functions that have been approved to be managed with reference to the "Civil Servants Law of the People's Republic of China".

3. Will a civil servant lose his public office if he is sentenced for intentional injury?

If a civil servant is suspected of the crime of intentional injury, it is very likely that he will be dismissed from public office, and if the public security organ investigates and finally the court finds that the person concerned is guilty of intentional injury, according to the provisions of the "Regulations on the Punishment of Civil Servants of Administrative Organs", as long as a civil servant is sentenced to a criminal punishment in accordance with the law, the administrative unit should be dismissed from public office.

Where civil servants are dismissed from public office on suspicion of intentional injury, and civil servants of administrative organs who have violated the law and discipline have already been sentenced to criminal punishment, recalled, or removed from office, or have already resigned from leadership positions before the administrative organ makes a sanction decision against them, and shall be given a sanction in accordance with law, the administrative organ is to give a sanction on the basis of the facts of their violation of law or discipline.

Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed.

Article 17 of the Regulations on the Punishment of Civil Servants of Administrative Organs: Where a civil servant of an administrative organ who violates the law or discipline has already been sentenced to a criminal punishment, recalled, or removed from his post or has already resigned from a leadership position in accordance with law before the administrative organ makes a decision to sanction him, the administrative organ shall give a sanction on the basis of the facts of his violation of law and discipline. Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be given points for dismissal.

Civil servants who are not drunk driving do not have to be dismissed from public office. Drunk driving may not be prosecuted or exempted from criminal punishment, and generally not dismissed from public office; If they are sentenced, they should also decide whether to be dismissed from public office on a case-by-case basis and on the basis of their status.

Personnel of public institutions appointed by administrative organs and with public administration functions, as well as civil servants and personnel participating in public administration and management services, who are sentenced to short-term detention and a suspended sentence, must be dismissed from public office.

1. Do civil servants have to be dismissed from public office for drunk driving?

Drunk driving can lead to dismissal, but not necessarily dismissal. Drunk driving may not be prosecuted or exempted from criminal punishment, and generally not dismissed from public office; If they are sentenced to short-term detention, they should also be given a sanction of demotion or removal from their posts or above, and they may not be dismissed if they are sentenced to short-term detention for driving while they are drunk and are generally sentenced to short-term detention, and if they are sentenced to short-term detention or not, they will be given a sanction of demotion or removal from their posts or above, but they must be dismissed from public office if they are sentenced to short-term detention and a suspended sentence for public institution personnel appointed by administrative organs and have public management functions.

2. What is the penalty standard for drunk driving?

1. 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, and shall be sentenced to criminal detention and a fine after a judgment.

2. In any of the following circumstances, driving a motor vehicle while intoxicated shall be given a heavier punishment in accordance with the provisions of paragraph 1 of Article 133-1 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 have not yet constituted other crimes;

7) Those who have received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol. Bright.

3. How much is the fine for drunk driving?

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.

To sum up, drunk driving of official employees not only violates the regulations on the management of civil servants, but also violates the criminal law. As an employer, you will be punished as a civil servant, but you will not have to be dismissed. If the circumstances of drunk driving are minor and the procuratorate is exempted from prosecution, the unit may demote the civil servant, give a warning demerit, etc.

However, if you are sentenced for drunk driving, it is more serious and you may be dismissed from public office.