Regarding drunk driving alcohol identification, drunk driving drunk driving identification standards

Updated on society 2024-07-29
5 answers
  1. Anonymous users2024-02-13

    According to the regulations, from the time the blood sample is taken for testing to the notification of the blood test report to the hands of the drunk driver, it should be completed within 9 working hours (the time limit for sending for testing is three days, the time limit for inspection and appraisal is three days, and the time limit for serving the appraisal conclusion is three days), and holidays are not included.

    Relevant Provisions: Provisions on the Procedures for Public Security Organs Handling Criminal Cases of Drunk Driving (Provisional) Article 29 [Blood Samples Sent for Testing] Blood samples taken shall be sent to the criminal technology department of the public security organ at the county level or above or other qualified inspection and appraisal institutions for inspection and appraisal within one day. The above-mentioned 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.

    Article 30: [Time Limit for Inspection and Appraisal]The inspection and appraisal institution shall issue a blood alcohol content test and appraisal opinion within 24 hours after the blood sample is tested, 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 31: [Service of Evaluation Conclusions]Within 3 days of receiving the inspection and evaluation opinions, the case-handling department shall draft a "Notice of Evaluation Conclusions" for blood alcohol content testing and serve it on the criminal suspect.

    The criminal suspect should attach a copy of the "Notice of Appraisal Conclusion" to indicate his opinion on the appraisal conclusion, sign it, and indicate the time of service.

  2. Anonymous users2024-02-12

    Hello, drunk driving points blow and blood test.

    Our Zhengfu Judicial Appraisal Institute is a partner of Guangzhou Traffic Police Alcohol and Blood Identification, if you have any questions, you can ask me questions or questions.

  3. Anonymous users2024-02-11

    The criterion for determining drunk driving and drunk driving is: according to the blood alcohol content of the driver, to define what kind of driving behavior is achieved.

    1. Drunk driving refers to the driving behavior of the driver's blood alcohol content greater than or equal to 20 mg and less than 80 mg. For drunk drivers, the driver's license shall be suspended for 6 months and a fine of not less than 1,000 yuan but not more than 2,000 yuan;

    2. Drunk driving refers to drunk driving, which mainly refers to the driving behavior of the driver with a blood alcohol content greater than or equal to 80 mg. For general drunk drivers, the driver's license shall be revoked in accordance with the law, and criminal responsibility shall be investigated in accordance with the law, and the driver's license shall not be re-obtained within 5 years. Generally, a sentence of between one month and six months of short-term detention is given, and a corresponding fine is to be given.

    If a drunk driver hits a person and causes serious injury or death, he is generally sentenced to fixed-term imprisonment of not more than three years or criminal detention.

    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.

    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.

    If a person drives a motor vehicle while intoxicated, he shall be restrained by the traffic management department of the public high 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 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.

  4. Anonymous users2024-02-10

    According to practice, a alcohol test is generally the only evidence to determine drunk driving, that is, if the alcohol content reaches a certain standard, then it is recognized as drunk driving. Usually a blow test is done first, and if you are not satisfied with the results of the blow test, a blood test is done.

    1. How to determine drunk driving in a hit-and-run.

    Drunk driving is determined based on the results of a blow test or blood draw. If the blood alcohol content of the driver of the vehicle is greater than or equal to 20mg 100ml, less than 80mg 100ml, it is deemed to constitute drunk driving.

    For drunk driving, the motor vehicle driver's license shall be suspended for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan. If it is a second drunk driving, he shall be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have his motor vehicle driver's license revoked.

    2. Does a glass of beer belong to drunk driving?

    A drink of beer counts as drunk driving. The classification of drunk driving is calculated based on the amount of alcohol in the blood. The blood alcohol content of the driver of the vehicle is greater than or equal to 20 mg 100 ml and less than 80 mg 100 ml is drunk driving.

    20 mg 100 ml is roughly equivalent to a glass of beer, so drinking a bottle of beer can generally test up to the range of drunk driving.

    3. Is drinking beer considered drunk driving?

    Whether or not it is a drunk driving is determined by the amount of alcohol in the blood. The blood alcohol content of the driver of the vehicle is greater than or equal to 20 mg 100 ml and less than 80 mg 100 ml is drunk driving. 20 mg 100 ml is roughly equivalent to a glass of beer, so drinking a bottle of beer can be tested to reach the range of drunk driving.

    Article 4 of the Notice on the Implementation of National Standards.

    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: Thresholds for blood alcohol content of vehicle drivers.

    Driving behavior category thresholds.

    mg/100ml)

    Driving under the influence of alcohol is 20,<80

    Driving while drunk 80

    Blood repentance and exhalation alcohol content conversion.

    The breath alcohol content of the driver of the vehicle is converted into the blood alcohol content according to the ratio of 1:2200, that is, the breath alcohol content value multiplied by 2200 is equal to the blood alcohol content value.

  5. Anonymous users2024-02-09

    The judgment standard of the drunk driving alcohol test is determined according to the blood alcohol content threshold of the vehicle driver after drinking or drunk driving, as long as the threshold is 20mg 100ml, it will be recognized as drunk driving by the traffic management department of the public security organ.

    Threshold and test of blood and breath alcohol content of vehicle drivers》4 Alcohol content valueAlcohol content thresholdThe threshold of alcohol content in the blood of vehicle drivers after drinking alcohol or driving while drunk is shown in Table 1. Table 1 Threshold of blood alcohol content of vehicle driversCategory threshold of driving behavior (mg 100ml)Driving after drinking 20, 80 Driving while drunk 80Article 91 of the Road Traffic Safety Law Anyone who drives a motor vehicle after drinking 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.

Related questions
10 answers2024-07-29

What is the difference between drunk driving and drunk driving?

10 answers2024-07-29

The punishment for drunk driving is indeed on the light side, and drivers who drive while drunk and run away and cause death should be sentenced to death.

4 answers2024-07-29

Driving behavior of the driver of the vehicle with a blood alcohol content greater than or equal to 80mg 100ml. >>>More

4 answers2024-07-29

[Legal basis].According to the "Road Traffic Safety Law of the People's Republic of China" amended for the third time in the "Decision on Amending the Road Traffic Safety Law of the People's Republic of China and Other Eight Laws" at the 28th Session of the Standing Committee of the 13th National People's Congress on April 29, 2021, Article 91: 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. >>>More

7 answers2024-07-29

Now that drunk driving has been included in the criminal law, those who are found to be drunk driving will be fined, have their driver's license revoked, and will not be allowed to re-obtain a driver's license for 5 years, and will be investigated for criminal responsibility. >>>More