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Anonymous users2024-02-12Whether or not drunk driving counts as drunk driving is determined by the concentration of alcohol in the blood.
Some people have a good ability to break down alcohol, and the blood alcohol concentration after 12 hours still meets the standard for drunk driving. Some people decompose slowly, and the alcohol concentration in the small blood can still reach the standard of drunk driving after 12 hours. Therefore, if the blood alcohol content needs to be tested, a blood sample should be taken for examination.
There are two types of drunk driving, one is drunk driving, which is the driving behavior of drunk driving for the driver of the vehicle with a blood alcohol content greater than or equal to 20mg 100ml and less than 80mg 100ml. Another type of drunk driving is the driving behavior of driving a vehicle driver with a blood alcohol content greater than or equal to 80mg 100ml.
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Anonymous users2024-02-11If the blood alcohol content does not reach 20mg 100ml when driving after 12 hours of drinking, it is not considered drunk driving. Whether it constitutes drunk driving is based on the blood alcohol content as the standard, and different human bodies have different metabolic decomposition ability of alcohol, after drinking, the driver should maintain sufficient rest time.
[Legal basis].
Article 91 of the Road Traffic Safety Law of the People's Republic of China.
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 motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with law.
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 organize the relevant information and communicate with a professional in detail.
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Anonymous users2024-02-10Legal Analysis: Drunk driving has nothing to do with time. Drunk driving is still determined based on blood alcohol levels.
Drunk driving is the driving behavior of the driver of a vehicle whose blood alcohol content is greater than or equal to 20mg per 100ml and less than 80mg per 100ml. 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;
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on a road in any of the following circumstances shall be sentenced to short-term detention and a fine: (1) chasing and racing, and the circumstances are heinous, (2) driving a motor vehicle while intoxicated, (3) engaging in school bus business or passenger transportation, seriously exceeding the rated occupants to carry passengers, or seriously exceeding the prescribed speed (4) transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.
The owner or manager of the motor vehicle who bears direct responsibility for the acts in items 3 and 4 of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes another crime of knowing a banquet, follow the provisions for the heavier punishment at trial and sentencing.
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