What is the criterion for being drunk? Drinking drunk standards

In the case of the intoxication standard, the average citizen is considered to be drunk if he or she has an alcohol content of 10 milligrams per 100 milliliters of blood. Since drunkenness is not one of the circumstances under which criminal punishment is exempted by law, if a citizen commits a crime, he or she will still be held criminally responsible. As described below:

The starting point for determining the standard for drunk driving in China is 20 milligrams per 100 milliliters of alcohol in the driver's blood), and if the blood alcohol content is exceeded, it will be punished as drunk driving.

My head is starting to get dizzy and I am confused! Some people also experience blushing, redness, and heat!

He kept saying that I was not guilty, and that I could still drink...

1. What are the criteria for determining drunk driving?

1. The criteria for determining drunk driving are as follows:

1) The standard for drinking and driving is greater than or equal to 20mg 100ml and less than 80mg 100ml;

2) The standard for drunk driving is greater than or equal to 80mg 100ml. Taking 80mg and 100ml of blood alcohol as the dividing line between drinking and drunkenness, when the driver's blood alcohol content reaches 80mg 100ml, the probability of traffic accidents is twice as high as that of the person who does not have alcohol in his blood.

2. Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China.

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.

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.

Where a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be pursued in accordance with law.

2. What is the penalty for drunk driving.

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;

2. Anyone who drives a 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 within five years.

In the Criminal Law, a person who drives a motor vehicle while intoxicated may be convicted of dangerous driving and sentenced to criminal detention and a fine. According to the provisions of the judicial interpretation, driving a motor vehicle on the road with a blood alcohol content of 80 milligrams or more of 100 milliliters is considered to be driving a motor vehicle while intoxicated, and it will be dealt with as the crime of dangerous driving. If the state of intoxication does not reach 80 mg or more than 100 ml, it can be punished according to the administrative penalty.

Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated》 1. Driving a motor vehicle on the road with a blood alcohol content of 80 mg or more of 100 ml or more is to be considered driving a motor vehicle while intoxicated, and is to be convicted and punished as the crime of dangerous driving in accordance with the provisions of paragraph 1 of Article 100 of the Criminal Law. The relevant provisions of the Road Traffic Safety Law shall apply to the "roads" and "motor vehicles" provided for in the preceding paragraph. 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 bearing full or primary responsibility for the accident, or fleeing after causing a traffic accident, but not constituting another crime; (2) The blood alcohol content reaches 200 milligrams or more than 100 milliliters; (3) Driving on expressways or urban expressways; (4) Driving a commercial motor vehicle carrying passengers; (5) Seriously violating the Road Traffic Safety Law, such as seriously overcrowding, overloading, or speeding, driving a motor vehicle without driving qualifications, or using forged or altered motor vehicle license plates; (6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that do not constitute other crimes; (7) Those who have previously received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol; (8) Other circumstances where a heavier punishment may be given.

Thresholds and tests for blood and breath alcohol content of vehicle drivers

Article 4. Alcohol content threshold.

The threshold for the blood alcohol content of the driver of the vehicle.

Driving behavior category threshold (mg 100ml).

Driving after drinking alcohol 20,80

Driving while drunk 80

Blood to breath alcohol content conversion.

The breath alcohol content of the driver of the vehicle is 1:

The proportional relationship of 2200 is converted into blood alcohol content, i.e. the breath alcohol content value multiplied by 2200 equals the blood alcohol content value.

General criteria for intoxication: Drivers with a blood alcohol concentration of 20-80 milligrams of alcohol per 100 milliliters of blood will be considered to be driving a motor vehicle after drinking; Drivers with a blood alcohol concentration of more than 80 milligrams per 100 milliliters of blood will be considered intoxicated driving a motor vehicle.

The standard for drinking and driving is that the alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml; Drunk driving is defined as having an alcohol content greater than or equal to 80mg 100ml. 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 shall be detained for not more than 15 days and have his motor vehicle driver's license temporarily detained for not less than three months but not more than six months, and shall also be fined not less than 500 yuan but not more than 2,000 yuan.

Legal basis. Article 133-1 of the Criminal Law of the People's Republic of China Whoever drives a motor vehicle on a 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.