How to deal with a second drunk driver, what materials do you need to bring

The second drunk driving is more serious, depending on your condition:

1 Drunk driving will have your driver's license revoked and you will be banned from driving for 5 years.

2. Driving a motor vehicle while intoxicated, having his driver's license revoked, a 10-year ban on driving, and criminal liability being investigated in accordance with the law; After obtaining a new driver's license, you are not allowed to drive a commercial motor vehicle.

Drunk driving. 1. If a major traffic accident occurs while drunk driving, and a crime is constituted, criminal responsibility shall be investigated in accordance with the law, and the driver's license shall be revoked and the driver shall be banned for life.

2. A fine of between 1,000 and 2,000 yuan for drunk driving shall be imposed and the driver's license shall be suspended for 6 months; He was detained for 10 days for drunk driving, fined 2,000 yuan, and had his driver's license revoked.

3. Drunk driving to operate a motor vehicle, detention for 15 days, a fine of 5,000 yuan, revocation of the driver's license and a 5-year driving ban.

Legal analysis: In addition to a fine of 1,000 yuan to 2,000 yuan for the second drunk driving behavior, administrative detention of up to 10 days will be imposed, and the driver's license will be revoked at the same time.

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 and has any of the following circumstances shall be sentenced to short-term detention and a 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 the source of jujube 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 and 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

Driving while drunk 80

1. Regulations on drunk driving again.

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.

Hualu.com. 2. The punishment process for drunk driving is as follows:

DUI penalty step 1: blood draw. Wait for the blood test report, about four to five days. (According to the drunken state of the day, before the blood report comes out, you need to find a relationship to hurry up).

The second step of drunk driving penalty: notify to get the blood test report (pay 300 yuan for the blood test). The blood alcohol content is qualitative, less than 80 mg is drunk driving, and the penalty result:

If the driver's license is deducted for six months, a fine of 2,000 yuan will be imposed. If the alcohol content is greater than 80 mg, it is drunk driving, and the penalty result: revocation of the driver's license, a five-year ban on the driver's license, and the traffic police will transfer it to the procuratorial law and initiate a public prosecution.

The third step of drunk driving punishment: the traffic police team informs the household registration police station to handle the post-bail trial (a deposit of 10,000 yuan is required). The police station will designate the GPS mobile phone number and keep the status of calling and answering.

This procedure is completed in one day as soon as possible, two days as slow, and according to personal circumstances, report to the office on the 26th of each month, and write a handwritten ideological report.

Step 4: The case will be transferred to the Public Prosecutor's Office. It takes about one and a half months to two months to wait for the procuratorate to file a public prosecution with the court.

Step 5 of drunk driving punishment: The procuratorate issues an indictment.

The sixth step of drunk driving punishment: wait for the court to pronounce the verdict, ten days to half a month.

Step 7 of drunk driving punishment: The court issues a summons to inform the time and place, and the court entrusts the Judicial Bureau to do a social investigation and report to the Judicial Bureau at the same time.

Step 8 of drunk driving punishment: The Bureau of Justice is authorized by the local judicial office to conduct an investigation, depending on the situation, two days faster, slow is not easy to say.

The first nine steps of drunk driving penalties are to be taken in nine steps: the judicial office submits an investigation report to the judicial bureau, and then the judicial department submits a recommendation to the court, and the court determines the sentence based on these transfers. It takes about three to four days. Clan Bridge.

Step 10 of the DUI penalty: The court issues a verdict.

Step 11 of drunk driving punishment: take the verdict, find the traffic police to handle the case, go to the police station to cancel, release on bail and then try again, and then live with the security deposit ticket, and return the security deposit to the city bureau.

Step 12 of the DUI penalty: serve the sentence. The whole incident was accompanied by a sentence to be served. It took five and a half months.

A second drunk driver will 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

Drunk driving falls into the category of dangerous driving, which will result in criminal detention of up to six months and a fine, which is an administrative punishment.

[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 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.

Road Traffic Safety Law of the People's Republic of China.

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.

1. Handling of the second drunk driving.

Anyone who drives after drinking alcohol for the second time is to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have his motor vehicle driver's license revoked.

2. According to Article 91 of the "Road Traffic Safety Law", a person who drives a motor vehicle after drinking alcohol shall be subject to a suspension of the motor vehicle driver's license for 6 months and a fine of 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 who drive a motor vehicle after drinking alcohol again, are to be detained for up to 10 days; and imposed a fine of less than 1,000 yuan and less than 2,000 yuan on the bridge, and revoked the motor vehicle driver's license. Those who drive a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have their motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license within 5 years.

Paragraph 2 of 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 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.

The above is only the current information combined with my own understanding of the law, please be cautious for reference or noise!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal analysis: 2. Anyone who drives a motor vehicle after drinking alcohol shall be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and shall be suspended from the motor vehicle driver's license.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 91 A person who is punished for driving a motor vehicle after drinking alcohol and drives 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 his motor vehicle driver's license revoked.

Legal Analysis: 2. Anyone who drives a motor vehicle after drinking alcohol 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.

Legal basis: "The Road Traffic Safety Law of the People's Republic of China" Article 91 A person who is punished for driving a motor vehicle after drinking alcohol and drives 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 his motor vehicle driver's license revoked.