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Anonymous users2024-02-12Looking at the specific alcohol content, drunk driving under 80 can generally be found out. The advice is to drive without drinking, drink without driving, even if you take a sip.
Article 91 of the Road Traffic Safety Law stipulates that a person who drives a 4102 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.
Those who drive a motor vehicle while intoxicated shall not re-obtain a motor vehicle driver's license 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.
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.
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Anonymous users2024-02-11A normal sip of liquor is generally not considered drunk driving, and it will not be checked by the traffic police and will not be punished. However, it depends on the time of drinking and the amount of alcohol you drink.
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Anonymous users2024-02-10Legal Analysis: Drunk driving will be detected, and the final result depends on the test results. For the purpose of collecting evidence, inspecting and appraising the vehicle, and in addition to this, the accident vehicle shall not be detained for any reason; Moreover, it shall be returned to the parties within 5 days after the completion of the inspection or appraisal.
The traffic management department of the public security organ shall agree with the inspection and appraisal agency on the time limit for the completion of inspection and appraisal, and the agreed time limit shall not exceed 20 days. More than 20 days, shall be reported to the traffic management department of the public security organ at the next higher level for approval, but the longest shall not exceed 60 days. If there is really no evidence and the detention is time-limited, you can apply for a review and appeal to the traffic police.
Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China 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, 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.
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.
Threshold and test of blood and breath alcohol content of vehicle drivers》 Alcohol content threshold.
The threshold of blood alcohol content of vehicle drivers who have drunk alcohol or drive while intoxicated is shown in Table 1.
Table 1 Threshold of blood alcohol content of vehicle drivers.
Driving behavior category thresholds.
Driving behavior category threshold (mg 100ml).
Drinking alcohol and driving 20, 80
Drunk driving 80.
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Anonymous users2024-02-09Whether you can blow it out after taking a sip of liquor depends on the time of drinking and how much alcohol content is contained in the drink.
According to the normal situation, if you take a sip of wine during a meal and rest and sit down after eating, it will basically be volatilized, and it will not reach the scope of drinking and driving. But if you drink it when you are ready to leave after eating, and you are caught by the traffic police immediately talking about Xiaotan driving on the road, this situation is uncertain, and it is very likely that you are drinking and driving a motor vehicle.
Criteria for determining drunk driving.
The threshold and test of blood and breath alcohol content of vehicle drivers stipulates that according to the alcohol content in the blood and breath of vehicle drivers when drinking and drunk driving, the driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml is drunk driving.
The driving behavior of the driver of the vehicle with a blood alcohol content greater than or equal to 80mg 100ml is drunk driving.
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