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Drunk driving standard

Time: May 14, 2024 label: traffic accident Drunk driving Reading: 1210 people
Lawyer's analysis:
Drunk driving It refers to the behavior of driving a motor vehicle in such a state of complete or partial loss of personal will due to drinking. If the blood alcohol content is more than 20 milligrams per 100 milliliters, you can drive after drinking. The driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 80mg/100mL becomes drunk driving.
Legal basis:
Threshold and Test of Alcohol Content in Blood and Breath of Vehicle Drivers
3.3 Drinking and driving
Driving behavior in which the alcohol content in the blood of vehicle drivers is greater than or equal to 20mg/100ml and less than 80mg/100ml.
3.4 Drunken driving
Driving behavior in which the alcohol content in the blood of vehicle drivers is greater than or equal to 80mg/100ml.
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The fine standard for drunk driving and drunken driving is: those who drive a motor vehicle after drinking alcohol shall have their motor vehicle driver's license temporarily withheld for six months and be fined not less than 1000 yuan but not more than 2000 yuan. Whoever drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he wakes up, and his motor vehicle driving license shall be revoked

The standard of punishment for driving after drinking is: those who drive a motor vehicle after drinking shall have their motor vehicle driver's license temporarily withheld for six months and be fined not less than 1000 yuan but not more than 2000 yuan. If he is punished for driving a motor vehicle after drinking alcohol, he shall be detained for not more than ten days and concurrently

1. The sentence for the crime of ordinary dangerous driving shall be criminal detention and a fine shall be imposed. Drunken driving with a blood alcohol content of more than 80mg/100ml is regarded as drunk driving and constitutes a crime of dangerous driving; 2. If it is chasing and racing to endanger public safety

Selected pictures and texts Pufa video Voice Answers
  • What are the consequences of the crime of dangerous driving

     Legal Advisor

    Legal Advisor

    According to Article 133-1 of the Criminal Law of the People's Republic of China, the crimes of dangerous driving include: road chasing and racing, drunk driving, overloaded and overspeed operation of school buses or passenger transportation, and illegal transportation of dangerous chemicals. The punishment shall be criminal detention and a fine. The owner or manager of the motor vehicle who is directly responsible shall also be subject to the same punishment. If the act constitutes another crime, it shall be determined as a felony.

    Views: eight hundred and forty-six 2024-07-04
  • How many years should be sentenced to the crime of dangerous driving

     Legal Advisor

    Legal Advisor

    According to Article 133-1 of the Criminal Law of the People's Republic of China, the punishment for the crime of dangerous driving includes detention and fine. A variety of factors will be comprehensively considered in the judgment, such as the severity of chasing and racing, alcohol content of drunk driving, overloading or speeding, and illegal transportation of hazardous chemicals. If the behavior touches other laws, punishment will be imposed according to more stringent regulations.

    Views: one thousand four hundred and thirty-three 2024-07-04
  • How to deal with the crime of dangerous driving after drinking

     Legal Advisor

    Legal Advisor

    According to Article 133-1 of the Criminal Law of the People's Republic of China, drunk driving of motor vehicles is a dangerous driving behavior and will be severely punished by law. Offenders will be sentenced to criminal detention and fined. If the owner or manager is responsible for this, he/she shall also be punished. If the act touches other criminal laws and regulations, the person shall be convicted according to the heavier punishment.

    Views: one thousand two hundred and twenty-nine 2024-07-04
  • How much is the fine for drunk driving

    Lawyer Xu Ning

    If driving after drinking alcohol does not constitute drunk driving, that is, the alcohol content is less than 80mg/ml, the motor vehicle driver's license shall be temporarily withheld for six months and a fine of 1000 to 2000 yuan shall be imposed. If he is punished for driving a motor vehicle after drinking alcohol, he shall be detained for not more than 10 days, fined not less than 1000 yuan but not more than 2000 yuan, and his motor vehicle driving license shall be revoked. Anyone who drives a motor vehicle drunk shall be restrained by the public security until he wakes up, his driving license shall be revoked, and criminal responsibility shall be investigated; No motor vehicle driver's license shall be obtained within five years.

    Play volume: one thousand three hundred and seventy-nine 2022-06-07
  • How to define drunk driving

    Lawyer Xu Ning

    The standard for drunk driving is that the alcohol content in the blood of the vehicle driver is equal to or more than 80mg/100ml. The alcohol content here refers to the alcohol concentration measured by the driver in the breath alcohol content test or blood alcohol content test. If the vehicle driver refuses to cooperate with the breath or blood alcohol content test, the qualitative results of the breath alcohol content detector detected passively can be used as the basis for drunk driving.

    Play volume: one thousand four hundred and thirty-two 2022-06-07
  • How much will be fined by law enforcement agencies for drunk driving

    Lawyer Xu Ning

    If driving after drinking alcohol does not constitute drunk driving, that is, the alcohol content is less than 80mg/ml, the motor vehicle driver's license shall be temporarily withheld for six months and a fine of 1000 to 2000 yuan shall be imposed. If he is punished for driving a motor vehicle after drinking alcohol, he shall be detained for not more than 10 days, fined not less than 1000 yuan but not more than 2000 yuan, and his motor vehicle driving license shall be revoked. Anyone who drives a motor vehicle drunk shall be restrained by the public security until he wakes up, his driving license shall be revoked, and criminal responsibility shall be investigated; No motor vehicle driver's license shall be obtained within five years.

    Play volume: six hundred and eighty-nine 2022-06-07
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  • What are the punishment standards for the crime of drunken traffic accident

    1952 people read

    According to Article 133 of the Criminal Law, the criminal punishment for accidents caused by drunk driving is usually sentenced to fixed-term imprisonment of less than three years or criminal detention. If a person dies due to hit and run, he will be sentenced to more than seven years of fixed-term imprisonment. The specific term of imprisonment shall take into account such factors as the circumstances of the case, the consequences and the defendant's repentance. The law aims to safeguard public safety and severely punish drunk driving.

  • To what extent is drunk driving a crime of dangerous driving

    1577 people read

    When the driver's blood alcohol content reaches or exceeds 80mg per 100ml, the behavior of drunk driving usually constitutes a dangerous driving crime. This is a serious threat to public safety and will bring serious legal consequences to drivers. Therefore, we strongly urge all drivers not to drink and drive, cherish life, and jointly maintain road traffic safety.

  • Whether criminal detention is required for drunk driving

    1770 people read

    Whether drunk driving requires criminal detention depends on the situation. If the circumstances of drunk driving are serious, such as causing serious accidents, casualties or threatening public security, the responsible person may face criminal responsibility investigation, and then be detained. However, slightly drunk driving is usually subject to administrative sanctions, such as fines or suspension of driver's license. Therefore, criminal detention depends on the severity and legal consequences of drunk driving.

  • Is there a fine for criminal detention for drunkenness

    1627 people read

    Drunken driving is regarded as a crime in China and will be punished by detention or fine. According to the Criminal Law, drunk drivers can be detained or fined for dangerous driving. The term of criminal detention is generally one to six months, and the amount of fine shall be determined by the court according to the circumstances of the case. Therefore, criminal detention caused by drunkenness needs to pay a fine, the specific amount depends on the situation.

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