New drunk driving rules from New Year’s Day

1. Punishment Standards for Drunk Driving (1) Drunk Driving: 1. For drunk driving, the driving license will be temporarily suspended for 6 months and a fine of not less than 1,000 yuan but not more than 2,000 yuan will be imposed. Anyone who has been punished for drunk driving before and drives drunk again will be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his driver's license will be revoked. 2. Anyone who drives a commercial vehicle after drinking will be detained for 15 days, fined 5,000 yuan, and his driver's license will be revoked. He will not be able to obtain a new driver's license within 5 years. (2) Drunk driving: 1. Drunk driving shall be restrained by the public security organs until sober. The driver's license will be revoked, criminal liability will be investigated in accordance with the law, and the driver will not be allowed to obtain a new driver's license within 5 years. 2. Anyone who drives a commercial vehicle while drunk will be restrained by the public security organs until he sobers up. The motor vehicle driving license shall be revoked, criminal liability shall be investigated in accordance with the law, and the driver shall not be allowed to obtain a new driving license within 10 years. After re-obtaining a driver's license, you are not allowed to drive a commercial vehicle. 3. If a person drives under the influence of alcohol or intoxicated, causes a major traffic accident, and constitutes a crime, he shall be held criminally responsible in accordance with the law. The driver's license is revoked and the driver is not allowed to obtain a new driver's license for life. "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Drunken Driving of Motor Vehicles" In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving of a motor vehicle in accordance with the law, and maintain public safety and security These opinions are formulated in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law and in conjunction with the practice of investigation, prosecution, and trial to ensure the safety of people's lives and property. 1. Anyone who drives a motor vehicle on the road with a blood alcohol content of 80 mg/100 ml or more is driving a motor vehicle while drunk and shall be convicted and punished for the crime of dangerous driving in accordance with the provisions of Article 133-1, Paragraph 1, of the Criminal Law. . The relevant provisions of the Road Traffic Safety Law shall apply to the "roads" and "motor vehicles" specified in the preceding paragraph. 2. Anyone who drives a motor vehicle drunk under any of the following circumstances shall be severely punished in accordance with the provisions of Article 133-1 of the Criminal Law: (1) causing a traffic accident and being fully or mainly responsible for the accident, or causing Escape after a traffic accident and have not constituted other crimes; (2) Blood alcohol content reaches 200 mg/100 ml or more; (3) Driving on highways and urban expressways; (4) Driving a commercial motor vehicle with passengers on board ; (5) Seriously overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates and other serious violations of the Road Traffic Safety Law; (6) Evading the inspection by the public security organs in accordance with the law, Or refusing or obstructing public security organs' inspection according to law has not constituted other crimes; (7) Having been subject to administrative penalties or criminal prosecution for driving a motor vehicle under the influence of alcohol; (8) Other circumstances that may result in severe punishment. 3. Anyone who drives a motor vehicle while drunk and uses violence or threats to obstruct public security organs from conducting inspections in accordance with the law, which constitutes the crime of obstructing official business or other crimes, shall be punished in accordance with the provisions of concurrent punishment for multiple crimes. 4. If a defendant who drives a motor vehicle while intoxicated is sentenced to a fine, the amount of the fine that is commensurate with the principal punishment shall be determined based on the defendant's degree of intoxication, whether actual damage was caused, his attitude of admitting guilt and repentance, etc. 5. When investigating and dealing with a criminal suspect who drives a motor vehicle while drunk, the public security organs shall make records of the seizure process, breath alcohol content test and blood sample collection process; if conditions permit, they shall take photos, audio or video recordings; and if there are witnesses, they shall collect Witness testimony. 6. The appraisal opinion of the blood alcohol content test is the basis for determining whether the criminal suspect is drunk. If a criminal suspect meets the drunkenness standard specified in Article 1 of these Opinions upon a breath alcohol content test and escapes before taking a blood sample, the breath alcohol content test results may be used as the basis for determining that he or she is drunk. When a criminal suspect is inspected by the public security organs in accordance with the law, in order to evade legal prosecution, if he drinks alcohol before having his breath alcohol content tested or taking a blood sample, and his blood alcohol content reaches the standard for drunkenness stipulated in Article 1 of these Opinions upon testing, he shall be deemed to be drunk. . 7. When handling criminal cases of drunken driving of motor vehicles, the relevant provisions of the Criminal Procedure Law should be strictly implemented, the litigation rights of criminal suspects and defendants should be effectively protected, and the investigation, prosecution, and trial should be carried out in a timely manner within the statutory litigation period. Criminal suspects and defendants who drive a motor vehicle while drunk may be detained or released on bail pending trial, depending on the circumstances of the case.

Those who meet the conditions for release on bail pending trial, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, may be placed under residential surveillance. Criminal suspects and defendants who violate the provisions on bail pending trial and residential surveillance may be arrested if the circumstances are serious.