What are the penalties for drunk driving a motor vehicle?
3 Answers
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.
That drunk driving experience made me deeply realize how severe the penalties are. The police tested my blood alcohol concentration at over 80 milligrams per 100 milliliters, fined me 5,000 yuan on the spot, revoked my driver's license for a full six months, and I had to stay in detention for 15 days. Those days were really tough—I couldn't drive to work, my boss found it troublesome and transferred me to another position, and my income dropped significantly. Even worse, my insurance premium skyrocketed to double the original amount, lasting for three years, costing me an extra 8,000 yuan just for that. My family worried about my safety every day, my wife had to pick up the kids from school, and the whole household was tense. Now, whenever I think about it, I regret it—I could have just called a Didi or asked a friend for a ride after drinking, saving hassle, money, and ensuring safety.
The penalties for drunk driving are quite clear under the law. According to regulations, a blood alcohol concentration exceeding 80 milligrams per 100 milliliters will result in consequences. First, there are administrative penalties: fines ranging from 2,000 to 10,000 yuan, a driver's license suspension for at least 6 months, and 15 days of administrative detention. In severe cases, such as causing an accident, it may escalate to criminal liability, resulting in several years of imprisonment and a driver's license suspension for 5 years or even a lifetime. These are not just empty threats; the actual impact is significant: detention disrupts work, losing your license affects transportation, and doubled insurance premiums can cost you thousands more. From a safety perspective, alcohol slows reaction times, increasing the risk of accidents and harm to others and yourself. So if you've had a drink before heading out, don't drive—choosing public transport or a taxi is the simplest solution.