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Does drunk driving have a criminal record?
1, drunk driving is a record of criminal acts by relevant departments, which is generally aimed at people who have committed criminal acts;
2. If drunk driving doesn't cause a crime, but simply violates the law and discipline, there will be no criminal record. There will be administrative punishment records in public security organs;
3. However, if it is not only an administrative punishment, but also a drunk driving that causes serious injury or death to others, it is a crime. If it is a criminal act, it will be subject to criminal punishment;
In the process of criminal punishment, you will leave a criminal record in the people's court and the public security organ, and this criminal record needs to accompany you for life.
The penalties for drunk driving traffic regulations are as follows:
1, the punishment standard for drunk driving stipulates that anyone who drives a motor vehicle after drinking alcohol shall be temporarily 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.
2. Drinking driving refers to the driving behavior that the alcohol content in the blood of the vehicle driver is greater than or equal to 20mg/ 100ml and less than 80mg/ 100ml. Drunk driving refers to the driving behavior that the alcohol content in the blood of vehicle drivers is greater than or equal to 80mg/ 100ml;
3, drunk driving a motor vehicle, by the traffic administrative department of the public security organs to restrain their abstinence, revoke the motor vehicle driver's license, shall be investigated for criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within five years;
4. Anyone who drives or operates a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driving license shall be revoked, and he shall not regain his motor vehicle driving license within five years;
5. Anyone who drives a motor vehicle after drinking shall be restrained by the traffic administrative department of the public security organ to abstain from drinking, and his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; Not to obtain a motor vehicle driver's license again within ten years, and not to drive or operate a motor vehicle after obtaining a motor vehicle driver's license again;
6. 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. The traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life.
To sum up, criminal record refers to the record of criminal behavior, which is generally carried out on criminals. If drunk driving does not constitute a crime, there will be no criminal record, and there will only be administrative punishment records in public security organs.
Legal basis:
Article 91 of the Road Traffic Safety Law of the People's Republic of China
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.
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