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How to deal with the second drunk driving in 2023
1, 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;
2. After the verdict, he was sentenced to criminal detention and fined;
3. If a drunk driver drives an operating motor vehicle, his driver's license shall be revoked, and he shall not re-obtain his driver's license within 10 years, and the driver shall not drive an operating vehicle for life;
After the verdict, the driver was sentenced to criminal detention and fined. The driver's blood alcohol content per 100 ml is greater than or equal to 20 mg, and the blood alcohol content per 100 ml is less than 80 mg, which is drunk driving; Every 100 ml of blood with alcohol content greater than or equal to 80 mg is drunk driving.
The penalty process for drunk driving is as follows:
1, draw blood and wait for the blood test report, about four to five days;
2. Call for the blood test report. According to the blood alcohol content, it is determined that those below 80 are drunk driving. Penalty result: the driver's license was deducted for six months and fined RMB. More than 80% are drunk driving. Penalty result: driver's license is revoked and driving is prohibited for five years. The traffic police will hand it over to the procuratorial law and file a public prosecution;
3. The traffic police team informed the household registration police station that it is necessary to pay a deposit for bail pending trial, and the police station designated the mobile phone number and kept it on standby; This project will be completed in one day soon, and two days later. According to personal circumstances, report to the office on the 26th of every month and write a thought report by hand.
4. The case will be transferred to the procuratorate, waiting for the procuratorate to file a public prosecution with the court, about one and a half months to two months;
5, the procuratorate issued an indictment;
6, waiting for the court verdict, ten days to half a month.
To sum up, the second drunk driving is a serious traffic violation. This situation will be punished as follows: revocation of driving license, prohibition of driving motor vehicles, fines, fines will be detained according to the severity of violations, and criminal responsibility will be investigated if the circumstances are serious.
Legal basis:
One of the 133rd articles of the Criminal Law of People's Republic of China (PRC)
Anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
1, chasing the car, the plot is bad;
2. Drunk driving a motor vehicle;
3, engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
4. Transporting hazardous chemicals in violation of the provisions on the safety management of hazardous chemicals, endangering public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
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