Drunk driving standards:
According to regulations, the driving behavior of alcohol in the blood of drivers is greater than or equal to 20mg/100ml and less than 80mg/100ml. Drunk driving refers to driving behavior with an alcohol content in the blood of a vehicle driver with an alcohol content of more than or equal to 80mg/100ml .
20 or less, not illegal;
20-80, driving a motor vehicle while drinking;
80 or more, driving a motor vehicle while drunk.
Although some netizens believe that it is not reasonable to use the blood alcohol content to determine drunk driving and drunkenness and impose punishments. Some people have poor alcohol tolerance and get drunk if they drink one bottle or even one cup; some people have good alcohol tolerance and three or five bottles are no problem, and there is no impact at all.
We punish drunk driving because drinking will lead to a decrease in pedestrian control and reaction ability, which can easily lead to traffic accidents. However, the control ability and reaction ability are determined only based on the blood alcohol content, which is indeed not very reasonable. But any rule is indeed difficult to be fair and reasonable to everyone, and we can only consider the universality of application.
Punishment for driving a motor vehicle by drinking:
First time: The motor vehicle driver's license is temporarily detained for six months and a fine of not more than 1,000 yuan and not more than 2,000 yuan.
again: be detained for less than ten days, and be fined not less than one thousand yuan but not more than two thousand yuan, and revoked the motor vehicle driver's license .
Punishment for driving a motor vehicle while drunk:
1, Administrative penalty : Revocation of the driver's license;
2, Criminal punishment: Crime of dangerous driving. Criminal liability may be manifested as non-prosecution, exemption from criminal punishment, , detention (including probation) . exemption from criminal punishment and detention are both crimes and have criminal records. Moreover, because is a intentional crime, it may also have other impacts. For example: a lawyer needs to revoke his lawyer's practice certificate. In addition, while the court sentences the sentence, it will also sentence to fine . It is normal to have a fine of 10,000 or 20,000 yuan for drunk driving.
According to regulations, the crime of dangerous driving is sentenced to within six months of detention. Judging from the punishment, the criminal responsibility for drunk driving is still relatively light. However, if has a traffic accident or a major traffic accident while drunk, the perpetrator may also be suspected of traffic accidents, or even endangering public safety by dangerous means . The punishment for traffic accidents and crimes endangering public safety is quite serious, especially for crimes endangering public safety, which can be sentenced to death at most.
Regarding the prosecution issue. The standards for not prosecution in each province and city are different, but in principle, there should not be any aggravation circumstances stipulated by law. For example, some places stipulate that the blood alcohol content cannot exceed 120, while others stipulate that it should be 140 or 150. In addition to the amount of alcohol in , it must also be the case of having a license, a certificate, no accident, no criminal record, and no escape. If these conditions are met, it will also meet the non-prosecution standard.
Not prosecuting is of great significance to the suspect. According to regulations, if no prosecution is not prosecuted, there will be no other adverse effects on the behavior. This is very important for people with public office or other special occupational access requirements.
driving ban:
1. Driving drunk will be banned for five years.
2. Those who drive drunk, drive an operating vehicle for five years.
3. Those who drive an operating vehicle drunk will be banned for ten years and will not be allowed to drive an operating vehicle for the rest of their lives.
4. If a major traffic accident occurs when driving while drunk and constitutes a crime, will be prohibited from driving for the rest of his life.
From the above, our punishment for drunk driving is relatively serious. We punish drunk drivers from varying degrees from fines, temporary detention of driver's licenses, administrative detention of , revocation of driver's licenses, five or ten years of driving ban, lifelong ban, and criminal responsibility. Driving after drinking is not only an irresponsible person to oneself, but also an indifference to others' personal safety. "Drinking without driving, driving without drinking" should become a basic social norm.
