A fine of 5000 yuan shall be imposed for driving a motor vehicle after drinking alcohol; the driver's license shall be revoked and the driver shall be banned within 5 years after being detained for 15 days.
For driving a motor vehicle after drinking alcohol, a fine of more than 1000 yuan but less than 2000 yuan shall be imposed; 12 points shall be recorded and the driver's license shall be temporarily suspended for 6 months.
According to the relevant provisions of our country, the evaluation standard for drinking is very strict, almost can be regarded as as as as long as you drink alcohol products and drive on the road, when tested, it is impossible to miss the net. According to the provisions of threshold and inspection of alcohol content in blood and breath of vehicle drivers (gb19522-2010, hereinafter referred to as "national standard"), the driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 20mg / 100ml and less than 80mg / 100ml belongs to drinking driving.
Penalty standard for drunk driving 2017
Driving a motor vehicle while intoxicated shall be revoked, criminal responsibility shall be investigated according to law, driving shall be banned within 10 years, and the vehicle shall not be driven for life.
Driving a motor vehicle after being drunk shall be revoked, criminal responsibility shall be investigated according to law, and driving shall be banned within 5 years.
Drunkenness is a state of complete or partial loss of personal will after drinking alcohol. It is extremely dangerous to drive again in this state. According to the 'national standard', the driving behavior that the alcohol content in the blood of vehicle drivers is greater than or equal to 80mg / 100ml belongs to drunk driving.
In order to severely punish drunk driving, curb the crime of drunken driving, and effectively maintain the safety of people's lives and property, the eighth amendment to the criminal law will put drunk driving into punishment. Therefore, the behavior of drunk driving a motor vehicle on the road will change from administrative illegal behavior to criminal behavior. In order to cooperate with the implementation of "drunk driving into punishment", the Ministry of Public Security issued the guiding opinions on the handling of drunk driving motor vehicle crime cases by the public security organs, which clearly pointed out that it is necessary to strictly control the filing standards, and all drivers whose blood alcohol content has reached the standards of drunk driving motor vehicles shall be filed for investigation as suspected of dangerous driving crime. After being seized, in order to avoid legal investigation, if a party drinks alcohol before breath alcohol test or blood sample extraction, and the blood alcohol content of the party reaches the standard of drunk driving motor vehicle after inspection, the case shall be filed for investigation. If the party concerned, through breath alcohol test, reaches the standard for drunk driving motor vehicles and escapes before taking blood samples, the case shall be filed for investigation on the basis of breath alcohol content.
There is also a group of people who are unrepentant. Drunk driving was arrested, but also continue to drive, so wrong again, resulting in a big mistake. Of course, for such people, the law must be a heavy punishment!
Punishment standard for drunk driving again 2017
If a person is punished for driving a motor vehicle after drinking alcohol and drives a motor vehicle after drinking alcohol again, he shall be fined not less than 1000 yuan but not more than 2000 yuan, detained not more than 10 days, and his driving license shall be revoked.
The punishment of drinking driving again after being punished is heavier than driving after drinking, which is similar to the handling opinions of 'recidivism' in criminal law, and is severely punished.
The difference between drunk driving and drunk driving
I. alcohol driving and drunk driving alcohol test
Alcohol driving test: the blood alcohol content is more than 20mg / ml, but less than 80mg / ml.
Drunk driving alcohol test: up to or over 80mg / ml.
II. New regulations on drunk driving
Drunk driving:
1. The driver's license will be revoked for drunk driving, and driving will be banned for 5 years.
2. The driver's license of drunk driving vehicles shall be revoked, and the driver's license shall be banned for 10 years, and the criminal responsibility shall be investigated according to law; after the driver's license is obtained again, the driver shall not drive the vehicles.
Drunk driving:
1. In case of serious traffic accident caused by alcohol driving, if a crime is constituted, the criminal responsibility shall be investigated according to law, the driver's license shall be revoked, and driving shall be banned for life.
2. The driver's license will be temporarily suspended for 6 months if the fine is more than 1000 yuan but less than 2000 yuan; the driver's license will be revoked if the driver is detained for 10 days and fined 2000 yuan again.
3. For alcoholic driving of motor vehicles, detention for 15 days, a fine of 5000 yuan, suspension of driving and prohibition for 5 years.
III. punishment standard for drunk driving
If the alcohol content is 20mg ~ 40mg / 100ml or the motor vehicle drives into the central area of the city after drinking alcohol, the driver's license for 1-2 months will be temporarily suspended, and 300 yuan will be fined;
If the alcohol content is 60mg ~ 80mg / 100ml or the driver is punished for drinking and driving for the second time within one year, the driver's license for three months shall be temporarily suspended and a fine of 300 yuan shall be imposed;
If the alcohol content is 80mg ~ 1000mg / 100ml or the drunk driving motor vehicle drives into the central area of the city, the driver's license shall be detained for less than 15 days, the driver's license shall be suspended for more than 3 months but less than 6 months, and a fine of 1500 yuan shall be imposed;
If the alcohol content is more than 100mg / 100ml or the drunk driving vehicle drives into the central area of the city, it shall be detained for 15 days, the driver's license for 6 months shall be temporarily withheld, and a fine of 1500 yuan shall be imposed;
The punishment standard for driving a motor vehicle after drinking is different: the driver's license for three months after drinking is temporarily suspended and a fine of 500 yuan is imposed; the driver's license for six months is temporarily suspended and a fine of 2000 yuan is imposed for 15 days of detention for drunk driving.
In addition, those who have drunk driving behaviors within one year and have been punished for more than two times shall have their driving license revoked and shall not drive any motor vehicle within five years. If a coach of a motor vehicle engages in teaching activities with the vehicle after drinking, he shall be punished in accordance with the provisions on drunk driving of the driver of the motor vehicle.
Punishment process of drunk driving
(I) issue the "public security traffic management administrative compulsory measure certificate" fine sheet to the traffic police branch of the Municipal Public Security Bureau to make the "decision on administrative penalty of public security traffic management" in the business window of the traffic police branch of the Municipal Public Security Bureau.
(2) to conduct 7-day road traffic safety laws, regulations and related knowledge education at the vehicle management office of the place where the vehicle driving license is issued or where the illegal act is committed by virtue of the 'decision on administrative penalty of public security traffic management'. After the motor vehicle driver receives education, the vehicle management institute shall conduct subject one test (road traffic safety laws, regulations and related knowledge test, commonly known as written test); after passing the test, the vehicle management institute shall clear the accumulated score value of the motor vehicle driver's illegal behavior and issue the information feedback Notice of the full score test of the motor vehicle driver's illegal behavior.
(3) pay the fees at the window of the illegal handling brigade with the notice of full score test information feedback of motor vehicle driver, keep the invoice well, and use it as the payment voucher when returning the driver's license.
For drunk driving, the driver's license is temporarily suspended for six months. When it's time to return the driver's license, the driver's license can be obtained from the archives of the illegal handling brigade with the payment invoice.