How to determine the second drunk driving is very popular today. In order to facilitate everyone to understand the relevant legal knowledge, the lawyer asked the lawyer to sort out all the legal knowledge and laws and regulations on this issue for everyone. You can take a look with the editor. Legal content
First and second drunk driving determination:
1. Previous drunk driving has been recognized by the relevant administrative departments and has been punished;
2. The second drunk driving meets the standards for drunk driving stipulated by relevant laws and regulations;
3. Drinking (the alcohol content of reaches 20mg/100m, but less than 80mg/100m is drinking) drives a motor vehicle.
If the perpetrator constitutes a criminal offense, he may be punished as a recidivist and bear criminal liability.
2. Determination of drunk driving:
1. If the alcohol content in the blood of the vehicle driver is greater than or equal to 20mg/100mL, less than 80mg/100mL;
2. If the alcohol content in the blood of the vehicle driver is greater than or equal to 80mg/100mL.
3. Punishment for second drunk driving:
driving a motor vehicle after second drunk driving must be subject to administrative detention of for less than ten days, and fined between 1,000 yuan and 2,000 yuan, and revoked the motor vehicle driver's license. If the alcohol content reaches 80 mg/100 ml or more, it constitutes the crime of dangerous driving, causing serious accidents such as serious injuries to more than one person, and bears full or main responsibility for the accident, it constitutes the crime of causing a traffic accident and will be held criminally liable. Those who drive motor vehicles drunk shall be subject to restrictions on the traffic management department of the public security organs until they wake up, their motor vehicle driver's license will be revoked, and criminal liability will be pursued in accordance with the law; no motor vehicle driver's license may be obtained again within five years.
" Road Traffic Safety Law of the People's Republic of China "
Article 91;; Those who drive a motor vehicle after drinking shall be temporarily detained for six months' motor vehicle driver's license and shall be fined not less than one thousand yuan but not more than two thousand yuan. Those who are punished for driving a motor vehicle after drinking and driving a motor vehicle after drinking again will be detained for not more than ten days, and will be fined not less than one thousand yuan but not more than two thousand yuan, and their motor vehicle driver's license will be revoked. Those who drive motor vehicles drunk shall be subject to restrictions on the traffic management department of the public security organs until they wake up, their motor vehicle driver's license will be revoked, and criminal liability will be pursued in accordance with the law; no motor vehicle driver's license may be obtained again within five years. Those who drive an operating motor vehicle after drinking will be detained for fifteen days and fined 5,000 yuan, and their motor vehicle driver's license will be revoked. They will not be allowed to obtain a motor vehicle driver's license again within five years.
If you drive an operating motor vehicle while drunk, the traffic management department of the public security organ shall be bound by the traffic management department of the public security organ until you wake up, the motor vehicle driver's license will be revoked, and criminal responsibility will be pursued in accordance with the law. You shall not obtain a motor vehicle driver's license again within ten years, and after you obtain a motor vehicle driver's license again, you shall not drive an operating motor vehicle. If a major traffic accident occurs when driving a motor vehicle after drinking or drunk, which constitutes a crime, criminal responsibility shall be pursued in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license and shall not obtain the motor vehicle driver's license again for life.
