How to deal with drunk driving in general? People who drink and drive will certainly be punished. Everyone knows that drinking does not drive, but there are still many people in life who drink and drive with luck. The following are general ways to deal with drunk driving.
How to deal with drunk driving 1 1? What legal responsibility does drunk driving bear?
1, drinking alcohol, taking state-controlled psychotropic drugs or narcotic drugs, or suffering from diseases that hinder safe driving of motor vehicles, or excessive fatigue that affects safe driving, are not allowed to drive motor vehicles.
2, driving a motor vehicle after drinking, temporarily detained a motor vehicle driver's license for more than one month and less than three months, and impose a fine of two hundred yuan and five hundred yuan; Anyone who drives a motor vehicle after being drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, and shall be detained for less than fifteen days and temporarily detained for more than three months and less than six months, and shall be fined not less than five hundred yuan but not more than two thousand yuan.
Driving and operating a motor vehicle after drinking, temporarily withholding the motor vehicle driver's license for three months and imposing a fine on 500 yuan; Anyone who drives or operates a motor vehicle after being drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, detained for less than 15 days, temporarily detained for six months and fined 2000 yuan.
Anyone who drives a motor vehicle under the influence of drunkenness as stipulated in the preceding two paragraphs and is punished more than twice in one year shall have his motor vehicle driving license revoked and shall not drive or operate a motor vehicle for five years.
Second, is non-motor vehicle drunk driving illegal?
Non-motor vehicle drunk driving is also illegal, and drunk driving motorcycles will be detained and fined.
According to the relevant provisions of Article 133 of China's Criminal Law, anyone who drives a motor vehicle drunk on the road shall be detained and fined. According to the national motor vehicle safety inspection standards, there are many types of motor vehicles, such as large cars, small cars, special cars, trams, two-wheeled motorcycles, etc. Therefore, according to the law, as long as it constitutes drunk driving a motor vehicle, it will be punished as dangerous driving. In terms of conviction and sentencing, it is not different because the perpetrator drives a two-wheeled motorcycle or a four-wheeled car or a big truck.
The new "Road Traffic Safety Law" divides drunk driving into two grades: drunk driving and drunk driving, and imposes heavier penalties on drivers who operate motor vehicles:
1, the penalty for drunk driving is: driving a motor vehicle after drinking, temporarily suspending the motor vehicle driver's license for more than one month and less than three months, and imposing a fine of more than 200 yuan and less than 500 yuan; Anyone who drives a motor vehicle after drinking alcohol shall be detained for three months and fined 500 yuan.
2. Driving a motor vehicle after drunkenness: the traffic administrative department of the public security organ will restrain it until it wakes up, and will be detained for less than 15 days, temporarily detained for more than three months and less than six months, and fined for more than 500 yuan and less than 2,000 yuan; Anyone who drives or operates a motor vehicle after being drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, detained for less than 15 days, temporarily detained for six months and fined 2000 yuan.
How to deal with drunk driving in general?
The penalty process for drunk driving is as follows:
The first step of drunk driving punishment: draw blood. Wait for the blood test report, about four to five days. (according to the drunken state of the day, before the blood test report comes out, you need to find a relationship and hurry up. )
The second step of punishment for drunk driving: notify to get the blood test report (pay 300 yuan blood test fee). The root blood alcohol content is qualitative, if it is lower than 80/mg, it is drunk driving. Penalty result: the driver's license was deducted for six months and a fine of 2000 yuan was imposed. Those whose alcohol content exceeds 80/mg are drunk driving, and the punishment result: the driver's license is revoked and driving is banned for five years, and the traffic police hand it over to the procuratorate for prosecution.
The third step of drunk driving punishment: the traffic police team informs the household registration police station to apply for bail pending trial (a deposit of 10000 yuan is required). Designated by the police station to handle the GPS mobile phone number and keep it on call. This project is one day fast and two days slow. According to personal circumstances, report to the institute on the 26th of each month and write a thought report by hand.
The fourth step of drunk driving punishment: transfer the case to the procuratorate. It will take about one and a half months to two months to wait for the procuratorate to file a public prosecution with the court.
The fifth step of drunk driving punishment: the procuratorate issues an indictment.
The sixth step of drunk driving punishment: wait for the court to pronounce a sentence, ten days to half a month.
The seventh step of drunk driving punishment: the court issued a summons to inform the time and place of the trial, and the court entrusted the judicial bureau to conduct a social investigation and report it to the judicial bureau.
The eighth step of drunk driving punishment: the judicial bureau is authorized by the local judicial office to investigate, depending on the situation, hurry up for two days, and it is hard to say slowly.
The ninth step of drunk driving punishment: the judicial office submits an investigation report to the judicial bureau, and then the legal department submits a suggestion to the court, and the court decides the sentence according to these investigations. It takes about three to four days.
The tenth step of drunk driving punishment: the court pronounced a sentence.
The eleventh step of drunk driving punishment: take the verdict, find the traffic police team to handle the case, cancel it at the police station, come back on bail pending trial, and then return the deposit to the municipal bureau.
The twelfth step of drunk driving punishment: serving time. The whole event was delivered.
The twelve steps of dealing with drunk driving is a general process, but because this process is complicated, a summary procedure is often used, that is, the traffic police will issue a ticket on the spot, but this summary procedure is only applicable to minor traffic cases. If it is serious, it is the steps detailed above.
How to deal with drunk driving generally 3 drunk driving and drunk driving punishment
1, drunk driving, a six-month driver's license, and a fine of 1000 yuan to 2000 yuan. Those who were previously punished for drunk driving or drunk driving again shall be detained for less than 10, fined more than 1000 yuan but less than 2,000 yuan, and their driving licenses shall be revoked.
2, drunk driving, was persuaded by the public security organs. If the machine driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 5 years.
3. Anyone who drives an operating vehicle after drinking alcohol will be detained for 15 days, fined 5000 yuan, and his driver's license will be revoked, and he may not re-obtain his driver's license within 5 years.
4, drunk driving operating vehicles, organized by the public security organs sober up. If the motor vehicle driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 10 years. After obtaining a driver's license again, you may not drive an operating vehicle.
5, drunk or drunk driving, a major traffic accident, which constitutes a crime, shall be investigated for criminal responsibility according to law. If the driver's license is revoked, it shall not be re-obtained for life.
Judgement standard of drunk driving and drunk driving
1, drunk driving
Judgement criteria of drinking and driving: the driving behavior of the driver whose blood alcohol content is more than or equal to 20mg/ 100mL and less than 80mg/ 100mL.
According to the calculation, under normal circumstances, after drinking 350mL (about 1 vial) of beer or half a bottle of white wine (20ml), the blood alcohol concentration can reach 0.02(20mg/ 100ML), which meets the penalty conditions for drunk driving.
According to the provisions of the new traffic law: whoever drives a motor vehicle after drinking alcohol will be temporarily detained with a motor vehicle driver's license of 1 month and less than 3 months, and will be fined from 200 yuan to 500 yuan, with 6 points recorded. The legal punishment for drunk driving and operating motor vehicles is more severe: drunk driving will be detained for three months and fined 500 yuan, with a score of 12.
2. Drunk driving
The criterion of drunk driving: the driving behavior of the driver whose blood alcohol content is greater than or equal to 80mg/ 100mL. According to the national "Threshold and Detection of Alcohol Content in Blood and Exhale of Vehicle Drivers", drivers whose alcohol content in 100 ml blood reaches 20-80 mg are deemed as drunk driving, and those who exceed 80 mg are deemed as drunk driving.
Blow test is not included in drunk driving identification. According to the evidence collection standard of criminal cases, drivers suspected of drunk driving must draw blood for evidence collection. Checking the data of alcohol monitoring instruments in drunk driving is only a way for traffic police to judge drunk driving in the early stage. By comparing the alcohol content in the suspect's body, an expert conclusion is made.
Will the strictest drunk driving in history affect the driver's license application?
The "Regulations on the Application and Use of Motor Vehicle Driving License" requires that those who drive a motor vehicle after drinking alcohol will be given 12 points at a time, the driving license will be temporarily suspended for half a year, and a fine of 1000 to 2,000 yuan will be imposed; Drunk driving a motor vehicle shall not increase driving A and B photos for life; Drivers with a history of alcoholism and drug abuse are forbidden to drive school buses.
1, apply for a driver's license and strictly control "drunk driving"
The following acts are not allowed to obtain a driver's license: drinking or drunk driving causes a major traffic accident, which constitutes a crime; Drunk driving or drinking to drive an operating car, and the driver's license has been revoked for less than 5 years; Drunk driving an operating vehicle, and the driver's license has been revoked less than 10 years.
In addition, people who have not obtained a driver's license have the above-mentioned drunk driving behavior, which is consistent with those who have a driver's license, and may not obtain a driver's license within the prescribed time limit.
2. Severely punish drinking and drunk driving.
3, drunk driving, life is not allowed to increase driving A and B photos.
Provisions for school bus drivers: no record of drunk driving or drunk driving motor vehicles; Only people who have no record of drinking or taking drugs can drive the school bus.