How to punish driving without a license for drunk driving?

Drunk driving plus driving without a license will be punished by 1 to 6 months' criminal detention, with heavier punishment on the basis of drunkenness. As for the fine, it is uncertain. According to the severity, it is generally around 2000 yuan. Article 9 1 of the Road Traffic Safety Law stipulates that anyone who drives a motor vehicle while drunk shall be restrained by the traffic administrative department of the public security organ until he is sober, and his motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years.

First, the criteria for judging drunk driving and drunk driving

1, drunk driving

Judgement criteria of drinking and driving: the driving behavior of the driver whose blood alcohol content is more than or equal to 20mg/ 100mL and less than 80mg/ 100mL.

According to the calculation, under normal circumstances, after drinking 350mL (about 1 vial) of beer or half a bottle of white wine (20ml), the blood alcohol concentration can reach 0.02(20mg/ 100ML), which meets the penalty conditions for drunk driving.

According to the provisions of the new traffic law: whoever drives a motor vehicle after drinking alcohol will be temporarily detained with a motor vehicle driver's license of 1 month and less than 3 months, and will be fined from 200 yuan to 500 yuan, with 6 points recorded. The legal punishment for drunk driving and operating motor vehicles is more severe: drunk driving will be detained for three months and fined 500 yuan, with a score of 12.

2. Drunk driving

The criterion of drunk driving: the driving behavior of the driver whose blood alcohol content is greater than or equal to 80mg/ 100mL. According to the national "Threshold and Detection of Alcohol Content in Blood and Exhale of Vehicle Drivers", drivers whose alcohol content in 100 ml blood reaches 20-80 mg are deemed as drunk driving, and those who exceed 80 mg are deemed as drunk driving.

Blow test is not included in drunk driving identification. According to the evidence collection standard of criminal cases, drivers suspected of drunk driving must draw blood for evidence collection. Checking the data of alcohol monitoring instruments in drunk driving is only a way for traffic police to judge drunk driving in the early stage. By comparing the alcohol content in the suspect's body, an expert conclusion is made.