Recently, the official announced the new standard for "drunk driving" in the full-text disclosure system of the national standard, and the national standard "Determination of Ethanol, Methanol, n-Propanol, Acetone, Isopropanol and N-Butanol in Blood and Urine" (GB T 42430-2023) will be officially implemented on March 1, 2024!
The implementation of the new standard will provide a more comprehensive and accurate scientific basis and law enforcement basis for law enforcement departments to carry out law enforcement activities, which is conducive to more effectively curbing drunk driving and other behaviors. So what changes have taken place in terms of this new national standard?What should we pay attention to?
First, where is the new national standard?
The new national standard further lowers the lower limit of the standard for drunk driving recognition. It divides the blood ethanol content into **, which is more detailed than the old national standard, and the upper limit of drinking and driving has been reduced from 50 mg to 20 mg in the past.
In addition, new ethanol detection methods, including gas chromatography and electrochemical sensor methods, have been added to improve the accuracy of alcohol content in blood or urineThe conversion coefficient of blood ethanol content and respiratory ethanol content was adjusted from 2100 to 2300, which is more in line with the metabolic constitution ability of Chinese people.
2. Determination of drunk driving and drunk driving
Drunk driving, i.e., drunk driving, refers to the behavior of the driver of a vehicle driving a vehicle with an alcohol content of more than 20 milligrams per 100 milliliters of blood and less than 80 milligrams per 100 milliliters of blood.
Drunk driving is the act of driving a vehicle when the blood alcohol content in the body is more than 80 milligrams per 100 milliliters of blood.
Both of the above behaviors are violations of laws and regulations, but in terms of the degree of harm, drunk driving is more harmful to society.
3. Statutory punishment standards
According to Article 91 of the Road Traffic Safety Law of the People's Republic of China, drunk drivers will be punished with suspension of driver's license, a fine of 1,000 yuan to 2,000 yuan, administrative detention, and revocation of driver's licenseFor drunk driving, the driver will be restrained by the public security organ until he sobers up, and will be punished with revocation of the driver's license, prohibition from re-obtaining the driver's license for 5 years to life, and criminal responsibility.
In addition, drunk driving has been included in the scope of criminal offences. Article 131 of China's Criminal Law includes drunk driving as the crime of dangerous driving, and is punishable by a fine or criminal detention in accordance with the law. If a drunk driver causes a traffic accident that causes serious injury or death or causes significant property damage, it may also constitute other offences such as traffic offences under Article 133 of the Criminal Code, and are subject to severe criminal penalties.
Fourth, summary
The new national standard for drunk driving further improves the identification standards and detection methods for drunk driving and drunk driving, and increases the punishment for related violations. Lawyer Li Mai reminds you to abide by the law, insist on drinking and not driving, do not drink while driving, do not take chances, and be responsible for the safety of your own life and the safety of others.
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