My friend drank a lot of wine in the early hours of New Year's Day, which should be regarded as drunk driving, but the traffic police sent him home after drawing blood and has not been told so far.

As long as the blood test is done, the drunk driver will be notified to go to the traffic police team for treatment. First, he won't go to work on New Year's Day these days. Secondly, he will have to wait for the blood test of the drunk driver to know whether he is drinking or drunk driving. To make a punishment.

20 15 penalties for drunk driving

According to the regulations, the blood alcohol content is 20-80mg/ 100mL, which belongs to drinking and driving. And the blood content is higher than 80mg/ 100mL, which belongs to drunk driving.

20 15 (amendment 9 of the criminal law) has added the penalty of drunk driving for dangerous driving in article 133 of the criminal law.

I. Provisions of the Road Traffic Safety Law

Drunk driving:

Drinking and driving a motor vehicle will result in a fine of 1000-2,000 yuan, with a score of 12, and the driver's license will be suspended for 6 months; Drinking and driving a motor vehicle will result in a fine of 5,000 yuan, with a score of 12, detention for less than 15 days, and no driver's license can be obtained again within 5 years.

Drunk driving:

Anyone who drives a motor vehicle while drunk shall have his driver's license revoked, and shall not re-obtain his driver's license within 5 years. After the verdict, he was sentenced to criminal detention and fined; Drunk driving operating a motor vehicle, the driver's license shall be revoked, and the driver's license shall not be re-obtained within 10 years, and the operating vehicle shall not be driven for life. After the verdict, he was sentenced to criminal detention and fined.

Article 91. Those who drive a motor vehicle after drinking alcohol shall be detained for six months and fined between 1,000 yuan and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked.

Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.

Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license revoked. No motor vehicle driver's license shall be obtained again within five years.

Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again.

If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, 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 re-obtain the motor vehicle driving license for life.

The difference between drunk driving and drunk driving

The so-called drinking driving refers to the driving behavior that the alcohol content in the driver's blood is greater than or equal to 20mg/ 100ml and less than 80mg/ 100ml. The so-called drunk driving refers to the driving behavior that the alcohol content in the driver's blood is greater than or equal to 80mg/ 100ml.

Second, the criminal law stipulates that

Article 133 of the Criminal Law stipulates that the crime of causing traffic accidents and dangerous driving violates traffic regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

The crime of "dangerous driving" is to drive a motor vehicle in pursuit of racing on the road, if the circumstances are bad, or to drive a motor vehicle drunk on the road, it shall be punished by criminal detention and fined.

Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.