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Is it drunk to drive an old scooter after drinking?
1. How long will you be detained for drunk driving?
If drunk driving is serious, you will be sentenced to dangerous driving, detention and fine. Generally, criminal detention lasts from one month to six months. If you only violate road traffic safety and drive a vehicle after drinking, you will be detained for 15 days. Whoever drives a motor vehicle after drinking alcohol shall be fined, and whoever drives a motor vehicle after drinking alcohol again shall be detained for not more than 10 days, fined and his motor vehicle driving license revoked.
Second, is drinking a bottle of beer a drunk driving?
Whether drinking a bottle of beer is drunk depends on the alcohol content in the blood:
1, if it is less than 20mg/ 100mL, it is not drunk driving;
2. Those who are more than 20mg/ 100mL and less than 80mg/ 100mL are drunk driving;
3. Those who are more than or equal to 80mg/ 100mL are drunk driving.
First, the detention of drunk driving for several days should be decided according to the specific circumstances:
1. If drunk driving constitutes a crime of dangerous driving, the court will impose a criminal detention penalty of not more than six months;
2, driving a motor vehicle after drinking, a motor vehicle driver's license for more than one month and less than three months, and impose a fine of more than 200 yuan and less than 500 yuan;
3, drunk driving a motor vehicle, by the traffic administrative department of the public security organ to restrain their sober, six months of motor vehicle driver's license, and impose a fine of 1000 yuan to 2000 yuan, education reform, detention 10 days, and impose a fine of 1000 yuan to 2000 yuan, revoke the driver's license.
Second, the penalties for drunk driving at high speed are as follows:
1, driving a motor vehicle after drinking, temporarily withholding the motor vehicle driver's license for 6 months, and imposing a fine ranging from 1000 yuan to 2,000 yuan;
2. Anyone who drives or operates a motor vehicle after drinking alcohol shall be detained on 15, fined 5,000 yuan, and his motor vehicle driver's license shall be revoked, and he shall not re-obtain the motor vehicle driver's license within 5 years;
3, after drinking or drunk driving a motor vehicle, a major traffic accident, life may not re obtain a motor vehicle driver's license.
In short, drinking a bottle of beer can also constitute drunk driving, but it needs to be decided according to everyone's physical condition. According to the relevant provisions of Chinese laws, drunk driving means that the alcohol content in human blood reaches 20 mg per 100 ml. Drunk driving is illegal and needs to bear certain legal responsibilities. Under normal circumstances, the driver's license can be temporarily suspended for six months, with a minimum fine of 1000 yuan and a maximum fine of 2000 yuan.
Third, how to punish the attempted drunkenness?
See whether a drunk driver constitutes a crime of dangerous driving or a crime of causing traffic accidents. If so, then this man named Ding Bao is suspected of harboring crimes and will be investigated for criminal responsibility. Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime. Whoever knowingly provides a criminal with a hiding place or property, helps him escape or perjures, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever drives a motor vehicle after drinking alcohol shall be detained for not more than six months and fined not less than ten thousand 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.
Article 133 of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers 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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