How to punish drunk driving? Drinking without driving and driving without drinking are the safe travel rules of modern society. Driving a motor vehicle on the road after drinking is a traffic violation. According to the provisions of the road traffic safety law, it is necessary to make corresponding punishment for drunk driving. So for the safety of others, do not drink and drive.
Punishment for drunk driving
1. score
Driving after drinking, no matter what kind of driving license you hold, no matter whether you drive after drinking or drunk, you will get 12 points at a time.
2. Fines, detention, revocation of driver's license
Whoever drives a motor vehicle after drinking alcohol shall be temporarily detained for six months and fined not less than 1000 yuan but not more than 2000 yuan. 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 detained for not more than 10 days and fined not less than 1000 yuan but not more than 2000 yuan, and his motor vehicle driving license shall be revoked.
If a person drives a motor vehicle drunk, the traffic administrative department of the public security organ shall restrict him to sober up, revoke his motor vehicle driving license, and investigate his criminal responsibility according to law; he shall not obtain the motor vehicle driving license again within five years. When applying for the driver's license again, it is not allowed to apply for A1 large bus, A2 tractor, A3 city bus, B1 medium bus and B2 large truck.
Whoever drives a motor vehicle after drinking alcohol shall be detained for fifteen days, fined five thousand yuan, and his motor vehicle driving license shall be revoked, and he shall not obtain a new one within five years.
If a person drives a motor vehicle while intoxicated, the traffic administrative department of the public security organ shall restrict him to sober up, revoke his motor vehicle driving license, and investigate for criminal responsibility according to law; he shall not obtain the motor vehicle driving license again within ten years, and shall not drive a motor vehicle after obtaining the motor vehicle driving license again.
If a serious traffic accident occurs after drinking or driving a motor vehicle while drunk, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license, and shall not obtain the motor vehicle driving license again for life.
Note: after drinking, the alcohol content in the blood of the vehicle driver is greater than or equal to 20mg / 100mL, less than 80mg / 100ml; while the alcohol content in the blood of the drunk driver is greater than or equal to 80mg / 100ml.
3. internship
If the driver of a motor vehicle is scored 12 points or more in the internship period, the driving qualification of the quasi driving model for the internship shall be cancelled. If the cancelled driving qualification does not belong to the highest permitted driving model, the driving qualification of the highest permitted driving model shall also be cancelled in accordance with the provisions of the first paragraph of Article 78.
4. demotion
Drivers who hold driving licenses for large buses, tractors, city buses, medium buses and large trucks, if they have a record of 12 points in one scoring cycle, shall be demoted and renewed.
5. No application for driving license type
Those who have a record of driving a motor vehicle after drinking or drunk shall not apply for the qualification of driving a school bus.
Punishment process of drunk driving
（1） According to the "public security traffic management administrative compulsory measures certificate" issued by the police on duty, the fine form shall be sent to the traffic police branch of the Municipal Public Security Bureau to make the "public security traffic management administrative punishment decision" in the business window of the traffic police branch.
（2） Carry out 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 with 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 fee 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.
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.
Punishment standard for drunk driving and 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.
If the alcohol content is less than 110mg / 100mL, the defendant without the above 10 serious circumstances and pleading guilty may be exempted from criminal punishment. At the same time, a very small number of cases with alcohol content below 120mg / 100mL, no above-mentioned 10 serious circumstances and special circumstances (such as rescuing critical patients, etc.) can also be exempted from criminal punishment.