On May 18, 2020, Lawyer Feng discussed with you the common problems about drunk driving in the application of law.

On May 1, 2011, the Amendment (VIII) to the Criminal Law of the People's Republic of China came into effect, which officially penalizes drunk driving and dangerous driving. At the same time, the revised "Road Traffic Safety Law" stipulates that those who drive motor vehicles after drinking alcohol will have their motor vehicle driving licenses temporarily suspended for 6 months and be fined between 1,000 yuan and 2,000 yuan.

那么达到什么样的标准才构成酒驾和醉驾呢？

1.20mg/100ml≤血液中酒精含量＜80mg/100ml驾车的为酒驾；

2.血液中酒精含量≥80mg/100ml的驾车为醉驾。

酒后驾驶机动车具体是怎么处罚的呢？

1.酒后驾驶机动车：暂扣6个月驾驶证，并处1000元以上2000元以下罚款，此前因酒驾被处罚，再次酒后驾驶的，处10日以下拘留，并处1000元以上2000元以下罚款，吊销驾驶证。

2.醉酒驾驶机动车：由公安机关约束至酒行，吊销驾驶证，依法追究刑事责任，5年内不得重新取得驾驶证。

3.酒后驾驶营运车辆：饮酒后驾驶营运机动车的，处十五日拘留的行政处罚，并处5000元罚款，吊销机动车驾驶证，五年内不得重新取得机动车驾驶证。

4.醉酒驾驶营运车辆：醉酒驾驶营运机动车的，由公安机关交通管理部门约束至酒醒，吊销机动车驾驶证，依法追究刑事责任；十年内不得重新取得机动车驾驶证，重新取得机动车驾驶证后，不得驾驶营运机动车。

5.酒后或醉酒驾车肇事：饮酒后或者醉酒后驾驶机动车发生重大交通事故，构成犯罪的，依法追究刑事责任，并由公安机关交通管理部门吊销机动车驾驶证，终生不得重新取得机动车驾驶证。

What would constitute drunk driving and drunk driving?

1.20mg/100ml≤blood alcohol content

2. Driving with blood alcohol level≥80mg/100ml is drunk driving.

What is the punishment for driving a motor vehicle after drinking?What is the punishment for driving a motor vehicle after drinking?

1. Driving a motor vehicle after drinking: temporarily detain the driving license for 6 months and impose a fine of not less than RMB 1,000 yuan but not more than RMB 2,000 yuan. Those who have been punished for drunk driving before and drive under the influence of alcohol again shall be detained for not more than 10 days, be fined not less than RMB 1,000 yuan but not more than RMB 2,000 yuan and have their driving license revoked.

2. Drunk driving of motor vehicles: it shall be restrained by the public security organs, the driving license shall be revoked, criminal responsibilities shall be investigated in accordance with the law, and the driving license shall not be re-obtained within 5 years.

3. Driving a motor vehicle after drinking alcohol: Whoever drives a motor vehicle after drinking alcohol shall be imposed an administrative penalty of 15 days' detention, fined 5,000 yuan and have his motor vehicle driving license revoked, and shall not obtain a new motor vehicle driving license within five years.

4. Drunk driving operating vehicles: Those who drink driving operating motor vehicles shall be restrained to do so by the traffic administrative department of the public security organ, their motor vehicle driving licenses shall be revoked, and their criminal responsibilities shall be investigated according to law; No motor vehicle driving license shall be re-obtained within ten years, and no commercial motor vehicle shall be driven after re-obtaining a motor vehicle driving license.

5. Drunk or drunk driving: if a serious traffic accident occurs after drinking or driving a motor vehicle after drinking, which constitutes a crime, the criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license, and the motor vehicle driving license shall not be re-obtained for a lifetime.

电影《流浪地球》中有一句经典台词：“道路千万条，安全第一条，行车不规范，亲人两行泪。”饮酒后驾驶机动车不但会让驾驶人受到处罚，同时也会对他人人身财产安全产生威胁。机动车驾驶人要做到喝酒不开车，开车不喝酒，不让亲人和他人“流泪”。

There is a classic line in the movie "Wandering earth": "There are thousands of roads, the first safety, driving not standard, two lines of tears relatives. Driving a motor vehicle after drinking will not only penalize the driver, but also threaten the safety of other people's personal property. Motor vehicle drivers to do not drink to drive, do not drink, do not let relatives and others "tears".