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Possibly. Drunk driving may be detected the next day after drinking at night, and the alcohol generally dissipates in the human body for 10-20 hours. If you drink a lot on the first day, it is recommended that you do not drive the next day and rest for at least 24 hours.
Because the investigation and punishment of drunk driving is not based on the length of time between the driver's drinking and driving again, but according to the driver's blood alcohol content as the standard, as long as it reaches the national regulations of 20 80 mg 100 ml is drunk driving.
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Eating alcohol tonight and driving tomorrow, whether it is considered drunk driving depends on what the blood alcohol content is at the time of the investigation.
If the blood alcohol content reaches 20% or more at the time of the test, it is a drunk driver. If the blood alcohol content reaches 80% or more, it is drunk driving.
There are still many such cases. So, if you drive the next morning, don't eat or drink the night before.
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It depends on the specific situation, how much alcohol you eat tonight, what time you eat, how well I can metabolize ethanol, and when I will drive tomorrow. Eating and drinking until late at night tonight, driving in the early hours of tomorrow may be considered drunk driving, if you only drive tomorrow afternoon, and you don't drink too much tonight, it is generally not considered drunk driving.
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This depends on how much alcohol you have drunk tonight, if it's a lot, then you're probably still drunk driving tomorrow morning, if it's just a small amount, then there's no problem.
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Try not to drive too early on the second day, but the alcohol will be gone by the second day. Remember to drink something hangover when you drink.
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This depends on your physical condition, which is generally fine, but does not rule out very few exceptions.
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Legal analysis: It should be determined according to the blood alcohol concentration, and it has little to do with when the alcohol is drunk.
Legal basis: Article 10 of the Social Insurance Law of the People's Republic of China The drunkenness standard in Article 37, Item 2 of the Social Insurance Law shall be implemented in accordance with the "Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522-2004). The test conclusions, diagnosis certificates, and other materials issued by the relevant units such as the traffic management department of the public bank and the World Security Organ, the medical dust treatment institution, and other relevant units in accordance with law, may be used as the basis for determining intoxication.
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Summary. Under normal circumstances, after 3-4 hours of drunk driving, the blood draw index is slightly lower than that of blowing, generally about 10-20 lower, because the alcohol is dissolved by the blood.
Hello, I am a cooperative lawyer of Legalis, and I am happy to serve you.
Under normal circumstances, after 3-4 hours of drunk driving, the index of pumping old blood is slightly lower than blowing, generally about 10-20 lower, because the alcohol is dissolved by the blood.
It's not based on time, it's based on the level of alcohol in your blood.
Threshold and test of the collapse of blood and breath alcohol content of vehicle drivers Article 3 The blood alcohol content of vehicle drivers is greater than or equal to 20mg 100ml and less than 80mg 100ml. Article 4 The content of alcohol in the blood of the vehicle driver is greater than or equal to 80mg100ml of driving behavior.
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Drinking last night and driving this afternoon depends on the specific situation, drunk driving and drinking time are not necessarily related, mainly based on the blood alcohol content to determine whether it constitutes drunk driving. 100 milliliters of blood alcohol content of 20 milligrams, less than 80 milligrams is drunk driving, more than 80 milligrams is drunk driving.
According to the relevant provisions of the Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers, the range standard for drinking and driving is that the amount of alcohol contained in each 100ml of blood is greater than or equal to 20mg and less than 80mg; The standard for drunk driving is that the amount of alcohol per 100ml of blood is greater than or equal to 80mg. Article 133 of the Criminal Law: Whoever drives a motor vehicle on a road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.
Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes the death of a person as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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The time of drinking is not the basis for a drunk driving determination, which is based on the amount of alcohol in the blood. Drinking and driving refers to the driving behavior of the driver of a vehicle whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml. Therefore, the alcohol drunk last night is considered drunk driving the next day, and it can only be determined by the drunk driving content of the driver the next day.
Article 91 of the Road Traffic Safety Law 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. 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; 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 the 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 driving license shall not be re-obtained for life.
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