How to deal with drunk driving 2022 first offense

1. How to deal with drunk driving for the first offense.

1. The handling of drunk driving for the first offense is as follows:

1) When the traffic police determine that the driver is drunk driving, the driver's license shall be suspended for half a year and a fine of 1,000 to 2,000 shall be imposed;

2) When the driver is drunk driving, he must stay in the public security organ until he sobers up, not only will the driver's license be revoked, and he will not be allowed to take the test again within five years, but he will also be investigated for criminal responsibility in accordance with the law;

3) If the person is drunk driving a motor vehicle, 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 according to law.

2. 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 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.

2. What are the criteria for determining drunk driving?

1. The standard for drinking and driving is that the blood alcohol content is greater than or equal to 20 mg per 100 ml and less than 80 mg per 100 ml;

2. The standard for drunk driving is that the blood alcohol content is greater than or equal to 80 mg per 100 ml.

The first offense of drunk driving 2022 is punished with a fine and criminal detention.

The first offense of drunk driving constitutes the crime of dangerous driving, and the corresponding sentencing standard is criminal detention and a fine. If other offences are committed at the same time, they shall be convicted and punished in accordance with the provisions of the heavier punishment. For example, if the crime of causing a traffic accident is constituted, the sentencing standard is fixed-term imprisonment of not more than three years or criminal detention.

Where there are escape or other heinous circumstances, the sentencing standard is between three and seven years imprisonment. Where death is caused by escape, the sentencing standard is 7 years or more imprisonment. In addition to criminal liability, drunk driving will also face financial compensation.

For example, if the death of the other party is caused, the deceased family shall be liable for the death compensation and other related compensation.

There are two main ways to punish drunk driving, first drink and drive a motor vehicle, which will temporarily suspend the driver's license for 6 months, impose a fine of more than 1,000 yuan and less than 2,000 yuan, and deduct 12 points from the driver's license. Secondly, the penalty for driving a motor vehicle while drunk is criminal detention for more than 1 month and less than 6 months, and the driver's license will be revoked, and a fine of more than 1,000 yuan and less than 2,000 yuan will be imposed. Drunk driving that causes a serious traffic accident resulting in the death of another person, or damage to public or private property, is usually punishable by up to three years in prison.

In fact, regardless of drinking alcohol or drunk driving, if there is a serious traffic accident while driving, it will constitute a crime and need to be investigated for criminal responsibility in accordance with the law. At the same time, the traffic management department will directly revoke the driver's license of the owner, and he cannot reapply for a motor vehicle driver's license for life. It is important to note that drunk driving is serious and there is no distinction between first-time offenders and repeat offenders.

There are two types of drunk driving, which are mainly distinguished by the amount of alcohol in the blood after drinking. Drinking and driving means that the blood alcohol content is greater than or equal to 20 mg 100ml and less than 80 mg 100ml. Of course, if the blood alcohol content is greater than or equal to 80mg 100ml, it is considered drunk driving.

2022 First Drunk Driving General Verdict:

1. If you drive a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain you until you sober up and revoke your motor vehicle driver's license;

2. Impose a fine on the driver who is drunk driving;

3. And shall not re-obtain a motor vehicle driver's license within five years;

4. If a major traffic accident occurs while driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law;

5. If it causes a serious traffic accident, it is not allowed to re-obtain a motor vehicle driving license for life. According to the relevant regulations, the alcohol content of the liquid reaches 20 to 80 mg, and the driving is under the influence of alcohol. More than 80 mg is drunk driving.

Drunkenness and drinking are the criteria for administrative and criminal punishments. In the sentencing of criminal responsibility for drunk driving, a criminal detention of one to six months may also be imposed depending on the severity of the circumstances.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

Dangerous Driving] 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, serious bends and holes are thick and exceed the rated occupants to carry passengers, or seriously exceed 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.

Hello, sentenced to 1-6 months of detention, fine and revocation of driver's license. According to the Criminal Law of the People's Republic of China, driving a motor vehicle on the road in any of the following circumstances is a crime of dangerous driving and is sentenced to criminal detention and a fine: 1. Chasing and racing, and the circumstances are heinous; 2. Driving a motor vehicle while intoxicated; 3. Engaged in school bus business or passenger transportation, seriously exceeding the rated occupant capacity, or seriously exceeding the prescribed speed; 4. Transporting hazardous chemicals in violation of the safety management regulations of hazardous chemicals, endangering public safety.

Short-term detention refers to a punishment of deprivation of a convict's personal liberty for a short period of time, detention in the vicinity, and forced labor, for a period of not less than one month but not more than six months.