-
Anonymous users2024-02-13In a drunk driving accident, it usually takes nine days for a blood test to be drawn.
The time limit from the time the blood is drawn and sent for testing to the time when the appraisal conclusion is delivered to the criminal suspect is nine days, and it will be postponed on holidays and weekends. The time limit for sending for inspection is up to three days, and the inspection and appraisal body is to issue an inspection and appraisal document within three days, and the case-handling department shall, within three days of receiving the inspection and appraisal opinion, draft a "Notice of Appraisal Conclusion" for blood alcohol content testing, and send it to the criminal suspect.
Blood samples taken shall be sent to the forensic technology department of a public security organ at the county level or above or other qualified inspection and evaluation body for testing and evaluation within one day. Institutions shall promptly appoint and hire personnel with appraisal qualifications to conduct inspections and appraisals. If the blood sample cannot be taken for testing within the prescribed time limit due to special reasons, the time limit for sending blood samples for inspection may be extended to three days after the approval of the person in charge of the traffic management department of the public security organ.
Where it is necessary to conduct an evaluation of other specialized issues involved in the case, it is to be implemented in accordance with relevant provisions.
After testing the blood sample, the inspection and appraisal institution shall issue a blood alcohol content inspection and appraisal opinion within 24 hours, and issue an inspection and appraisal document within 3 days. Inspection and appraisal documents shall be signed or sealed by two or more appraisers with appraisal qualifications, and the seal of the appraisal body shall be affixed.
Article 91 of the Road Traffic Safety Law of the People's Republic of China (1) 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 who 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;
2) Driving a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain the motor vehicle until it sobers up, revoke the motor vehicle driver's license, investigate criminal responsibility in accordance with law, and shall not re-obtain the motor vehicle driver's license within five years;
3) 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;
4) Drunk driving of a motor vehicle, by the public security organ traffic management department to sober up, revoke the motor vehicle driver's license, criminal responsibility in accordance with the law, shall not re-obtain a motor vehicle driver's license within 10 years, after re-obtaining a motor vehicle driver's license, shall not drive a commercial motor vehicle;
5) 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.
-
Anonymous users2024-02-12Legal analysis: sent for testing within five days, according to the relevant laws and regulations, a person suspected of driving a motor vehicle under the influence of alcohol shall be subject to a breath alcohol test, and if the party has any objection to the breath alcohol test result or refuses the breath alcohol test, a blood sample shall be taken immediately, the blood alcohol content shall be tested, and the blood sample shall be sent to a unit or institution with testing qualifications within five days after the blood sample is taken.
Legal basis: "Provisions on Procedures for Handling Road Traffic Safety Violations" Article 36 Where the internal alcohol content of a vehicle driver is tested, the following procedures shall be followed: (1) Two traffic policemen or a traffic policeman lead a police auxiliary personnel to take the vehicle driver to a medical institution to collect blood samples, or forensic doctors and other personnel with corresponding qualifications to collect blood samples at the scene; (B) the traffic management department of the public security organs shall, within five days after the collection of blood samples, send the blood samples to the units or institutions with inspection qualifications for testing, and inform the vehicle driver in writing within five days after receiving the test results.
Where the alcohol content of the vehicle driver is tested, his family shall be notified, except where it is impossible to do so. If the driver of the vehicle has any objection to the inspection result, he may apply for a re-inspection within three days from the date of receipt of the inspection result. In any of the following circumstances, a re-inspection shall be conducted:
1) The inspection procedure is illegal or violates the relevant professional and technical requirements, which may affect the correctness of the inspection results; (2) The inspection unit or institution or inspector does not have the corresponding qualifications and conditions; (3) The test results are clearly based on insufficient evidence; (4) The examiner deliberately makes a false test; (5) The inspector should have recused himself but did not recuse himself; (6) The materials are false or contaminated; (7) Other circumstances that should be re-examined. If it does not meet the provisions of the preceding paragraph, with the approval of the person in charge of the traffic management department of the public security organ at or above the county level, make a decision not to allow the re-inspection, and notify the applicant in writing within three days from the date of the decision. For new inspections, the public security organs shall appoint or hire another inspector.
Fasting blood refers to the venous blood taken in the early morning before eating, because the various biochemical components of the fasting blood drawn at this time are more stable and more objective. Generally speaking, most of the fasting blood tests that require fasting blood tests are biochemical test items, which are easily affected by dietary factors, so in order to avoid differences caused by dietary factors, the normal value range of these test items is obtained by statistical processing based on the fasting blood test of normal people, such as glutamate propylene and aspartate aminotransferase in liver function tests, and the range of normal people is zero to 40 units per liter. The biggest advantage of fasting blood test is that it can avoid the influence of dietary factors, make the test results more objective, and can more truly reflect the biochemical changes of the body. >>>More
The state does not explicitly stipulate that drunk driving is fully responsible. >>>More
If you haven't taken hormone drugs before, you should be able to do it, and my doctor asked me to take a blood test on the third day of my period. >>>More
The rabies virus is more likely to be detected during a rabies attack. >>>More
Don't drink while driving, don't drink and don't drive, I believe that many people are mindful of this sentence, but there are still some people who knowingly commit it, they are obviously drunk, and they have to drive recklessly, but the final brewing accident is irreparable, in order to warn everyone, Fa Rabbit will tell everyone how to deal with drunk driving today.