Adjustment of punishment standard for drunk driving

According to the relevant provisions of China's Criminal Law Amendment (VIII), drunk driving a motor vehicle on the road constitutes a dangerous driving crime. At this time, if the driver's blood alcohol content is greater than or equal to 80mg/ 100ml, it belongs to drunk driving. Drunk driving a motor vehicle on the road, regardless of whether it has caused certain actual losses, will be classified as dangerous driving as long as there is such behavior.

The new standard of drunk driving: the driver's blood alcohol content is ≥80mg/ 100ml while driving on the road.

The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be governed by the relevant provisions of the Road Traffic Safety Law.

What are the penalties for drunk driving a motor vehicle?

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.

The lightest punishment for a drunk driving accident is criminal detention and a fine. The driver's blood alcohol content is greater than or equal to 20mg/ 100ml and less than 80mg/ 100ml, which belongs to drinking driving, and the driver's blood alcohol content is greater than or equal to 80mg/ 100ml, which belongs to drinking driving. Whoever drives a motor vehicle after drinking alcohol shall be detained for more than one month and less than three months, and shall be fined more than 200 yuan and less than 500 yuan. Anyone who drives a motor vehicle after drinking alcohol shall be restrained by the traffic administrative department of the public security organ to sober up after drinking, detained for not more than 15 days, detained for not less than three months but not more than six months, and fined not less than 500 yuan but not more than 2000 yuan.

Drunk driving a motor vehicle, the driver's license shall be revoked, and the driver's license shall not be re-obtained within 5 years, and depending on the seriousness of the case, the driver may be detained for up to 6 months 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.

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.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China.

Driving a motor vehicle after drinking, temporarily withholding 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 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.