What are the penalties for drunk driving a motor vehicle?

[DiGiselle]

According to Article 91 of the Road Traffic Safety Law, administrative penalties for drunk driving include three scenarios: For drunk driving a non-commercial motor vehicle, the traffic management department of the public security authority will detain the driver until sober, revoke the motor vehicle driving license, and pursue criminal liability according to law; the driver cannot re-obtain a motor vehicle driving license within five years. For drunk driving a commercial motor vehicle, the traffic management department of the public security authority will detain the driver until sober, revoke the motor vehicle driving license, and pursue criminal liability according to law; the driver cannot re-obtain a motor vehicle driving license within ten years, and after re-obtaining the license, cannot drive commercial motor vehicles. If drunk driving a motor vehicle results in a major traffic accident constituting a crime, criminal liability will be pursued according to law, and the traffic management department of the public security authority will revoke the motor vehicle driving license, with the driver permanently barred from re-obtaining it. According to Article 133 of the Criminal Law, drunk driving a motor vehicle constitutes the crime of dangerous driving, punishable by criminal penalties including detention and fines. Judgment standards for drunk driving and alcohol-impaired driving: Alcohol-impaired driving standard: When the blood alcohol content of a vehicle driver is greater than or equal to 20mg/100mL but less than 80mg/100mL. Calculations show that consuming 350mL (about one small bottle) of beer or 20ml of liquor typically raises blood alcohol concentration to 0.02 (20mg/100ML), meeting the penalty threshold for alcohol-impaired driving. Under the new traffic law: Driving a motor vehicle under the influence of alcohol results in temporary suspension of the motor vehicle driving license for one to three months, a fine, and 6 penalty points. Penalties are harsher for driving commercial vehicles under the influence: temporary suspension of the motor vehicle driving license for three months, a fine, and 12 penalty points. Drunk driving standard: When the blood alcohol content of a vehicle driver is greater than or equal to 80mg/100mL. According to national standards, drivers with blood alcohol levels of 20-80mg per 100mL are considered alcohol-impaired, while levels above 80mg are classified as drunk driving. Breathalyzer tests are not included in drunk driving assessments. For suspected drunk drivers, blood tests are required as per criminal evidence standards. Alcohol monitoring device data during traffic stops are preliminary tools for police to assess drunk driving, with final conclusions based on blood alcohol comparisons. The following behaviors disqualify individuals from obtaining a driving license: Committing a major traffic accident under the influence of alcohol or drunk driving, constituting a crime; drunk driving or alcohol-impaired driving of commercial vehicles with license revoked for less than five years; drunk driving of commercial vehicles with license revoked for less than ten years. Additionally, unlicensed individuals committing these offenses face the same restrictions as licensed drivers, barred from obtaining a license within specified periods. Hazards of drunk driving: Reduced tactile sensitivity and heightened excitement Alcohol impairs hand and foot sensitivity, making it hard to control the throttle, brakes, and steering, while inducing overconfidence. Impaired judgment and operation Alcohol delays reactions to light and sound stimuli and reflexes, disrupting coordination between sensory and motor organs like eyes, hands, and feet, leading to misjudgment of distance and speed. Blurred vision Alcohol temporarily impairs vision, stability, and color discrimination, hindering the ability to recognize and interpret traffic signals, signs, and markings. It also narrows the visual field, making hazards hard to spot and increasing accident risks. Abnormal mentality Alcohol leads drivers to overestimate their abilities, with significantly dulled judgment, analysis, and operation skills, increasing accident risks. Increased fatigue Alcohol causes drowsiness in 80% of people, leading to irregular driving and poor spatial vision, typical of fatigue-induced accidents.