Joke Collection Website - News headlines - Is there any criminal law provision for drunk driving that does not necessarily require the driver's license to be revoked?
Is there any criminal law provision for drunk driving that does not necessarily require the driver's license to be revoked?
No, anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be able to obtain a new motor vehicle driving license within 5 years.
Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driving license temporarily suspended for 6 months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. After being punished for driving a motor vehicle after drinking alcohol, if he drives a motor vehicle after drinking alcohol again, he shall be detained for not more than 10 days, and fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driving license shall be revoked.
Anyone who drives a commercial motor vehicle after drinking alcohol will be detained for 15 days and fined 5,000 yuan, his motor vehicle driving license will be revoked, and he will not be able to obtain a new motor vehicle driving license within 5 years.
1. Anyone who drives a commercial motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to re-obtain a motor vehicle driving license within 10 years. After obtaining a motor vehicle driving license, you are not allowed to drive a commercial motor vehicle.
If a serious traffic accident occurs while driving a motor vehicle after drinking or drunk, and the crime is constituted, criminal liability shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driving license, and shall not obtain a new motor vehicle driving license for life.
2. The drunk driving penalty process is as follows:
The first step of drunk driving penalty: blood drawing. It will take about four to five days to wait for the blood test report. (Depending on the state of drunkenness on the day, you need to hurry up and find connections before the blood report comes out.)
The second step of drunk driving punishment: Notify and get the blood test report (pay a blood test fee of 300 yuan). Based on the qualitative blood alcohol content, if it is less than 80/mg, it is a drunk driving. The penalty result: the driving license will be suspended for six months and a fine of 2,000 yuan. Anyone with an alcohol content greater than 80/mg is considered a drunk driver, and the penalty will be: driver's license revoked, banned from taking the driver's license test for five years, and the traffic police will refer the driver to the Procuratorate for prosecution.
The third step of drunk driving punishment: The traffic police team informs the household registration police station to apply for bail pending trial (a deposit of 10,000 yuan is required). The police station will assign a GPS mobile phone number and keep it ready for calls and calls. This procedure can be completed in one day as quickly as possible or two days as slowly as possible. Depending on personal circumstances, you should report to the office on the 26th of every month and write a handwritten ideological report.
The fourth step of drunk driving punishment: the case will be transferred to the prosecutor's office. It will take about one and a half to two months to wait for the procuratorate to file an indictment in court.
The fifth step of drunk driving punishment: the procuratorate issues an indictment.
The sixth step of drunk driving punishment: wait for the court to pronounce the verdict, which can take ten days to half a month.
The seventh step of drunk driving punishment: The court issues a summons and informs the court of the time and place. The court entrusts the Bureau of Justice to conduct a social investigation and reports to the Bureau of Justice at the same time.
The eighth step of drunk driving punishment: The Bureau of Justice authorizes the local judicial office to investigate. It depends on the situation. If it is faster, it will take two days, and if it is slower, it will be difficult to say.
The ninth step of drunk driving punishment: The Judicial Office submits an investigation report to the Bureau of Justice, and the Bureau of Justice submits recommendations to the court. The court determines the sentence based on these investigations. It takes about three to four days.
The tenth step of drunk driving punishment: the court issues a judgment.
The eleventh step of drunk driving punishment: take the judgment, go to the traffic police team to handle the case, go to the police station to cancel, get bail pending trial, then live in the city with the deposit, and return the deposit to the city bureau.
The twelfth step of drunk driving punishment: serve the sentence. The entire incident was completed. (Light sentence) It took 5 and a half months.
Drunk driving is more serious than drunk driving, so the penalties for drunk driving will be more severe. If the driver drives drunk, his driver's license will be revoked directly, and he will not be able to drive again within 5 years. If you take the driver's license test and drink and drive, your driver's license will only be detained for 6 months for the first time.
Legal basis: Article 91 of the "Road Traffic Safety Law of the People's Republic of China" Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driving license temporarily suspended for six months and shall also be fined one thousand A fine of not less than RMB 1,000 but not more than RMB 2,000 shall be imposed. Anyone who is punished for driving a motor vehicle after drinking alcohol and who drives a motor vehicle after drinking alcohol again shall be detained for not more than ten days, and shall also be fined not less than 1,000 yuan but not more than 2,000 yuan, and the motor vehicle driving license shall be revoked. Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be able to obtain a new motor vehicle driving license within five years. Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driving license revoked, and shall not be able to obtain a new motor vehicle driving license within five years.
Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to re-obtain a motor vehicle driving license within ten years, and after re-obtaining a motor vehicle driving license, he will not be allowed to drive or operate a motor vehicle. motor vehicles. If a motor vehicle is involved in a major traffic accident after drinking alcohol or while intoxicated, and a crime is constituted, criminal liability shall be investigated in accordance with the law, and the motor vehicle driving license shall be revoked by the traffic management department of the public security organ, and the person shall not be allowed to obtain a motor vehicle driving license again for life.
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