2016 drunk driving blood test 92 can you get a suspended sentence for any accidents

Road Traffic Safety Act

The second paragraph of Article 91, a person who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Paragraph 4 of Article 91, a person 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 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.

Paragraph 5 of Article 91: 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 traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.

There is no such thing as a suspended sentence in the law for non-accidents.

For drunk driving, where the circumstances are serious and the harm to society is great, it is suspected of the criminal offense of dangerous driving, and once convicted, short-term detention and a concurrent fine. For specific circumstances, please verify and determine according to the actual situation and relevant laws and regulations. In addition, where other crimes are constituted at the same time, follow the provisions for the heavier punishment at trial and sentencing.

Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to 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.

According to the State Bureau of Quality Supervision, Inspection and Quarantine "Threshold of Breath and Blood Alcohol Content of Motor Vehicle Drivers", 20 mg of alcohol to 80 mg of alcohol per 100 milliliters of blood, 80 milligrams of alcohol per 100 milliliters of blood for drunk driving, and criminals who are sentenced to fixed-term imprisonment of less than 3 years or criminal detention in accordance with Article 72 of the Criminal Law of the People's Republic of China for drunk driving, and who meet any of the following circumstances at the same time, may be given a suspended sentence, and those who are under the age of 18, pregnant women, Persons over the age of 75 shall be given a suspended sentence. 1) Where the circumstances of the crime are minor 2) where there is remorse 3) where there is no risk of recidivism 4) Where a suspended sentence is given to a criminal sentenced to a suspended sentence and has no major adverse impact on the community in which he or she lives, and where he is sentenced to an additional sentence, the supplementary sentence still needs to be enforced. Article 133, in violation of road traffic laws and regulations, resulting in a major accident, causing serious injury or death to others or major damage to the company's property, shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or public surveillance.

Those who escape after transportation or have other especially serious circumstances are to be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Whoever causes death by escaping shall be sentenced to fixed-term imprisonment of not less than 7 years for chasing a competitive vehicle on the highway, and if the person is heinous, or driving a motor vehicle while intoxicated, he shall be sentenced to criminal detention and a fine.

110, it belongs to driving a motor vehicle while intoxicated, but fortunately, it did not cause serious injuries to the other party, so it will not be investigated for criminal responsibility according to the crime of causing a traffic accident. However, driving a motor vehicle while intoxicated is also subject to criminal liability, and the sentencing principle is criminal detention and a fine. If a criminal suspect wants to seek a suspended sentence, the sentencing principle for drunk driving is short-term detention, and in accordance with the principle of Article 72 of the Criminal Law, if the preliminary conditions for a suspended sentence are met, the circumstances that must be given a suspended sentence are persons under the age of 18, pregnant women, and persons over the age of 75.

The circumstances in which a suspended sentence may be given are, in addition to the above-mentioned persons who must be given a suspended sentence, and at the same time meet the requirements of the circumstances of the crime, there is a slight expression of remorse, and there is no risk of recidivism, and the suspended sentence is not a major adverse impact on the community. For the situation that may be given a suspended sentence, even if all the conditions are met, the suspended sentence may not be obtained, but if one condition is not met, the suspended sentence will definitely not be obtained, so I can only try my best to win I think that if the criminal suspect has no previous criminal record, the probability of obtaining a suspended sentence is still higher if he expresses his guilt and repentance to the collegial panel at the trial! However, the sentencing for drunk driving is criminal detention and a fine, so even if the application for probation is successful, the fine must still be paid in accordance with the principles of Article 72 of the Criminal Law.

Drunk driving, blood alcohol content of 176 mg 100 ml, if there are no aggravating circumstances such as driving without a license, drunk driving history, etc., a suspended sentence can be imposed.

1. Drunk driving indicators and drunk driving indicators.

1. Drunk driving standards:

According to the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522-2004) issued by the State Bureau of Quality Supervision, Inspection and Quarantine, drivers are driven after drinking alcohol if the blood alcohol content is greater than or equal to 20 mg per 100 ml and less than 80 mg per 100 ml of blood alcohol content.

2. Standards for drunk driving:

According to the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" (GB19522-2004) issued by the State Quality Supervision, Inspection and Quarantine Bureau, a driver is drunk driving if the amount of blood alcohol content per 100 ml is greater than or equal to 80 mg.

This standard is compared with the side chain in our daily life, 20mg 100ml is roughly equivalent to a glass of beer; 80mg 100ml is equivalent to 3 taels of low-alcohol liquor or 2 bottles of beer; 100mg 100ml is roughly equivalent to half a catty of low-alcohol liquor or 3 bottles of beer. In other words, drinking a glass of beer is drunk driving, and drinking half a catty of liquor or 3 bottles of beer is drunk driving.

2. Is it considered drunk driving to blow out 140?

Check drunk driving and blow out 140 is drunk driving. The "Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers" stipulates that a driver with a blood alcohol content of 20-79 mg in 100 ml is considered drunk driving, and a driver with a blood alcohol content of more than 80 mg is considered drunk driving. Blowing out 140 to warp far exceeds the 80 rule.

3. How should the crime of dangerous driving be sentenced at the lightest level.

The crime of dangerous driving is not a felony, and the statutory maximum penalty is 6 months' criminal detention, and a suspended sentence may be sought, and the lightest can be obtained from criminal punishment or not prosecuted according to the circumstances of the case. At present, the number of drunk driving cases in various places remains high, accounting for a large proportion of criminal cases. In drunk driving cases, the alcohol content, traffic accidents, driving roads, property damage or harmful results caused, whether to escape and other circumstances have an important impact on sentencing, and all localities have also made specific provisions on how to sentence the crime of drunk driving dangerous driving, for traffic accidents, drunk driving on the highway, and excessive alcohol content, are all aggravating circumstances, for example, Jiangsu stipulates that a suspended sentence is generally not applicable to a blood alcohol content of more than 200mg 100ml, that is to say, it is not absolutely not applicable to probation, Then, if the blood alcohol content is high, how to strive for the application of probation, based on the experience of handling the case, we generally review whether the appraisal opinion is standardized, whether the facts of the case are clear, and whether the evidence is indeed sufficient.

Whoever drives a motorized vehicle on the road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, is to be sentenced to short-term detention and a concurrent fine.

Legal analysis: drunk driving, blood alcohol content of 176 mg 100 ml, if there is no unlicensed driving, drunk driving history and other circumstances that are not punished with a heavy punishment, a suspended sentence can be given.

Legal basis: Criminal Law of the People's Republic of China, Article 13, Paragraph 2 Whoever drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a concurrent fine.