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Driving behavior of the driver of the vehicle with a blood alcohol content greater than or equal to 80mg 100ml.
According to the national "Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers", a driver with a blood alcohol content of 20-80 mg in 100 ml is a drunk driver, and a driver with a blood alcohol content of more than 80 mg is considered drunk driving. The blow test is not included in the drunk driving test. According to the standard of evidence collection in criminal cases, drivers suspected of drunk driving must have blood drawn for evidence.
The investigation of the alcohol monitoring instrument data in drunk driving is only a method for the traffic police to judge drunk driving in the early stage, and an appraisal conclusion is made through the comparison of the alcohol content in the suspect's body.
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For every 100 milliliters of blood of a motor vehicle driver, the alcohol content reaches 20 milligrams, which is roughly equivalent to drinking a glass of beer; A blood alcohol content of 80 milligrams or more per 100 milliliters of blood can be considered drunk driving, which is equivalent to drinking 3 taels of low-alcohol liquor or two bottles of beer. Drunk driving is the act of driving a motor vehicle in a state that results in total or partial loss of personal will due to the consumption of alcohol.
Road Traffic Safety Law of the People's Republic of China 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. 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.
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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Legal analysis: Drinking and driving refers to the driving behavior of the driver of a vehicle whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml. When the alcohol content in the body is greater than or equal to 80mg 100ml, it is called "drunk driving".
Drunk driving refers to the driving behavior of the driver of a vehicle with a blood alcohol content greater than or equal to 80mg 100ml.
Legal basis: In accordance with Article 133 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, and the circumstances are egregious;
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 of a motor vehicle or a person in charge of the vehicle bears direct responsibility for the acts in items 3 and 4 of the preceding paragraph, punishment shall be given in accordance with the provisions of the preceding paragraph. Where there is conduct in the first two paragraphs of the tour, and other crimes are constituted at the same time, it is to be convicted and punished in accordance with the provisions for the heavier punishment.
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Drinking and driving refers to the driving behavior of the driver of a vehicle whose blood alcohol content is greater than or equal to 20mg 100ml and less than 80mg 100ml. Drunk driving refers to the driving behavior of driving a vehicle with a blood alcohol content greater than or equal to 80mg 100ml.
Legal basis: Article 91 of the Road Traffic Safety Law stipulates that 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 or who drive a motor vehicle after drinking alcohol again shall be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have their motor vehicle driver's license revoked.
A driver's blood alcohol concentration greater than or equal to 20mg 100ml and less than 80mg 100ml is called drunk driving. Friends who drive must remember that drinking and not driving, driving and not drinking, this is not only responsible for themselves, but also responsible for their families and other people.
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