How long is the sentence for a drunk driving test with a blood alcohol content of 112?

Drunk driving with an alcohol content of 112 is generally punishable by 2 to 3 months of detention and a fine. A suspended sentence can be imposed. Article 133 of the Criminal Law stipulates that anyone who drives a motor vehicle while intoxicated shall be sentenced to criminal detention and a fine.

A person with a blood alcohol content of 80 milligrams or more than 100 milliliters is considered to be driving a motor vehicle while intoxicated, and the starting point for sentencing is 1 month of criminal detention. If you are drunk and have an alcohol content of 112, you will basically be sentenced to 2 to 3 months in prison.

Drunk driving. An alcohol content of 112 is generally punishable by 2 to 3 months of detention and a fine. Nobuya can be sentenced to a suspended sentence.

Legal analysis

If you have an alcohol content of more than 80, you will be drunk and your license will be revoked.

You cannot retake the exam for five years. If the driving blood alcohol content is 112, the court will sentence him to about 2 months of detention and a fine of thousands of yuan. If there is no drunk driving.

Aggravating circumstances such as previous convictions may be given a suspended sentence. Whoever drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or the person who drives a motor vehicle while intoxicated on the road shall be sentenced to short-term detention and a fine. In any of the following circumstances, a heavier punishment is given:

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) The blood alcohol content reaches 200 mg or more 100 ml; (3) On highways and urban expressways.

on the driver; (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 public security organs.

conducting inspections in accordance with law, or refusing or obstructing public security organs' lawful inspections that have not yet constituted other crimes; (7) Having been convicted of drunk driving.

The motor vehicle has been subject to administrative punishment or criminal prosecution; (8) Other circumstances that may be given a heavier punishment.

Legal basis

Criminal Law of the People's Republic of China.

Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years 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 death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Article 133-1 Driving a motor vehicle on a road in any of the following circumstances is to 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) Violation of hazardous chemicals.

Safety management stipulates the transportation of hazardous chemicals that endanger 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.

Article 133bis For public transport in motion.

of drivers who use violence or seize control of driving control devices, interfering with the normal operation of public transportation, endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to 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.

If the alcohol content is greater than 100mg 100ml or the drunk driving motor vehicle enters the central area of the city, he shall be detained for 15 days, his driver's license shall be suspended for 6 months, and a fine of 1,500 yuan shall be imposed.

Penalty standards for drunk driving [operating motor vehicles]: driving after drinking alcohol will be temporarily detained for 3 months, and a fine of 500 yuan will be imposed; Drunk driving detention for 15 days, suspension of driver's license for 6 months, and a fine of 2,000 yuan.

In addition, if there is drunk driving within one year and is punished more than 2 times, the driver's license will be revoked, and the operating motor vehicle shall not be driven for 5 years. If a motor vehicle instructor engages in teaching activities with a vehicle after drinking, he shall be punished in accordance with the provisions on drunk driving of motor vehicle drivers.

The Road Traffic Safety Law of the People's Republic of China stipulates that 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 investigate criminal responsibility in accordance with the 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. ”

The Road Traffic Safety Law of the People's Republic of China stipulates: "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 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. ”

For your own safety and the safety of others, remember not to drink while driving, and not to drive while drinking.

Legal analysis: The drunk driving content of 121 has reached the standard for drunk driving, and he is suspected of dangerous driving, and will be sentenced to criminal detention and have his driver's license revoked.

Legal basis: Based on the Opinions of the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated" Article 2: In any of the following circumstances, driving a motor vehicle while intoxicated is to be given a heavier punishment in accordance with the provisions of paragraph 1 of Criminal Law article 133-1:

1) Causing a traffic accident and being found to be wholly or primarily responsible for the accident, or escaping after causing a traffic accident, which has not yet constituted other crimes, (2) Having a blood alcohol content of 200 mg or more than 100 ml (3) Driving on a highway or urban expressway (4) Driving a commercial motor vehicle carrying passengers (5) Driving a motor vehicle with serious overcrowding, overloading or speeding, and driving a motor vehicle without driving qualifications, (6) evading the lawful inspection of the public security organs, or refusing or obstructing the lawful inspection of the public security organs, which does not constitute other crimes, (7) having received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol, and (8) other circumstances that may be punished heavily.

Summary. Pro-<>

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Drunk driving with an alcohol content of 124 can be sentenced to three years in prison, and the traffic management department of the public security organ will be restrained until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with the law; A motor vehicle driver's license may not be re-obtained within five years.

How long can drunk driving be sentenced to an alcohol content of 124.

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Drunk driving with an alcohol content of 124 can be sentenced to three years in prison, and the traffic management department of the public security organ will be restrained until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with the law; 5. The motor vehicle driver's license shall not be re-obtained within the year.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China: Anyone who drives a motor vehicle on the road and accompanies the slag in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine: (1) chasing and racing, and the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport escort, 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.

Summary. Legal basis: Article 42 of the Criminal Law of the People's Republic of China The period of short-term detention is between one month and six months.

Article 43 of the Criminal Law of the People's Republic of China: Criminals sentenced to short-term detention are to be enforced by the nearest public security organs. During the execution period, criminals sentenced to detention can go home for one to two days a month; Those who participate in labor may be paid remuneration at their discretion. Article 44 of the Criminal Law of the People's Republic of China: The term of short-term detention is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

Hello, I'm glad to answer for you, drunk driving with an alcohol content of 124 can be sentenced to one to six months. If the driver of a motor vehicle has an alcohol content of 124, he will be sentenced to criminal detention and a fine, and the period of criminal detention shall be between one month and six months, and for those who drive while intoxicated, their motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained within five years.

Legal basis: Article 42 of the Criminal Law of the People's Republic of China The period of criminal detention for those who have traveled to Zheng is between one month and six months. Article 43 of the Criminal Law of the People's Republic of China: Criminals sentenced to short-term detention are to be enforced by the nearest public security organs.

During the execution period, criminals sentenced to detention can go home for one to two days a month; Those who participate in labor may be paid remuneration at their discretion. Article 44 of the Criminal Law of the People's Republic of China The term of criminal detention is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.