What are the consequences of being prosecuted for drunk driving?

The sentencing after being prosecuted for drunk driving can be divided into two situations based on whether a traffic accident occurred:

1. No traffic accident was caused. Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be held criminally responsible according to law and will not be able to obtain a new motor vehicle driving license within five years.

2. Causing major traffic accidents. If a serious traffic accident occurs after drinking or driving a motor vehicle while drunk, and a crime is constituted, criminal liability shall be investigated in accordance with the law, and the motor vehicle driving license shall be revoked by the traffic management department of the public security organ, and the driver shall not be able to obtain a new motor vehicle driving license for life.

If you are prosecuted for dangerous driving, you will be sentenced by the court to a term of detention of less than 6 months and fined several thousand yuan. If the blood alcohol content does not exceed 200 mg/100 ml, and if there are no severe punishment circumstances such as driving without a license or a record of drunk driving, the person may be sentenced to probation.

The consequences of being prosecuted for drunk driving are as follows:

1. Drunk driving constitutes the crime of dangerous driving and is an intentional crime;

2. You are not allowed to serve as a lawyer, notary, or judge , prosecutors, people's policemen, those who have served will have their certificates revoked or dismissed from public office;

3. They are not allowed to be employed as civil servants, and those who have been employed will be dismissed from public office;

4. Those who join the party will be subject to If it affects someone who is already a party member, he will be expelled from the party;

5. Not allowed to join the army;

6. Not allowed to serve as a journalist;

7. If it affects employment, someone already employed Will face unemployment;

8. Bear criminal responsibility and lose personal freedom;

9. Face financial punishment;

10. Face regular driving ban, even lifelong Driving is prohibited;

11. Cannot serve as heads of state-owned enterprises, people's organizations, directors and senior managers of commercial banks and securities companies;

12. Apply for immigration and overseas visas You will also encounter trouble when it comes to matters such as studying abroad and studying abroad. In some countries, people who have had criminal penalties are often refused visas by foreign embassies and consulates.

1. Punishment Standards for Drunk Driving:

1. Punishment Standards for Drinking and Driving

① Driving a motor vehicle while drinking alcohol will result in a fine of 1,000-2,000 yuan and 12 points. And the driver's license was suspended for 6 months. ② Driving a commercial motor vehicle while drinking alcohol will be fined 5,000 yuan, recorded 12 points, detained for not more than 15 days, and will not be allowed to obtain a driver's license again within 5 years.

2. Punishment standards for drunk driving

① Driving a motor vehicle while drunk will have your driver’s license revoked and you will not be able to obtain a new driver’s license within 5 years. After a judgment, you will be sentenced to criminal detention and fined; ② Drunk driving operations For motor vehicles, the driver's license will be revoked. He will not be able to obtain a new driver's license within 10 years and will not be able to drive a commercial vehicle for life. After judgment, he will be sentenced to criminal detention and fined.

3. Standards for severe punishment for drunk driving

Whoever drives a motor vehicle while drunk under any of the following circumstances shall be punished with a severe punishment in accordance with the provisions of Article 133-1, Paragraph 1, of the Criminal Law. Punishment: ① Causing a traffic accident and taking full or major responsibility for the accident, or escaping after causing a traffic accident, which has not constituted another crime; ② Blood alcohol content reaching 200 mg/100 ml or more; ③ Driving on a highway or urban expressway ; ④ Driving a commercial motor vehicle carrying passengers; ⑤ Driving with serious 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 legal inspections by public security organs, or refusing or obstructing legal inspections by public security organs 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.

To sum up, drunk driving is divided into two situations in our country, one is drinking and driving and the other is drunk driving. Among them, Xingba criminalized the act of driving a motor vehicle while drunk on the road, but subsequent judicial interpretations made exceptions.

Legal basis:

"Road Traffic Safety Law of the People's Republic of China"

Article 91

Drinking Anyone who drives a motor vehicle after the incident shall be subject to a six-month suspension of the motor vehicle driving license and a fine of not less than RMB 1,000 but not more than RMB 2,000. Anyone who is punished for driving a motor vehicle after drinking alcohol and drives a motor vehicle after drinking alcohol again shall be detained for not more than ten days, and shall also be fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driving license shall be revoked.

Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be able to obtain a new motor vehicle driving license within five years.

Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driving license revoked, and shall not be able to obtain a new motor vehicle driving license within five years.

Anyone who drives a commercial motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to re-obtain a motor vehicle driving license within ten years, and will not be able to re-obtain a motor vehicle. After obtaining a driver's license, you are not allowed to drive a commercial motor vehicle.

If a serious traffic accident occurs while driving a motor vehicle after drinking or drunk, and the crime is constituted, criminal liability shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driving license, and shall not obtain a motor vehicle driving license again for life.

"Criminal Law of the People's Republic of China"

Article 133-1:

Driving a motor vehicle on the road shall include the following: Those who fall under any of the following circumstances shall be sentenced to criminal detention and shall also be fined:

(1) Pursuing and driving in a serious manner;

(2) Driving a motor vehicle while drunk;

(3) Engaging in the school bus business or passenger transportation, seriously exceeding the rated number of passengers, or driving at a speed that seriously exceeds the prescribed speed;

(4) Violating the safety management regulations of hazardous chemicals by transporting hazardous chemicals, Endangering public safety. If the owner or manager of a motor vehicle is directly responsible for the acts in Item 3 or Item 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.

If the acts in the preceding two paragraphs also constitute other crimes, they shall be convicted and punished in accordance with the provisions of heavier penalties.