Is moving a car after drinking considered drunk driving? What are the latest penalties for drunk driving in 2021?

"Don't drink and drive, don't drive after drinking." Drunk driving is not advisable. This is something everyone knows. In recent years, the intensity of punishment for drunk driving has gradually increased to punish those dangerous behaviors that endanger others. This is an act of contempt for personal and other people's lives and must be severely punished. In fact, most people also understand what drunk driving is and the dangers of driving under the influence of alcohol. However, there is a situation where the alcohol is not much, and it is necessary to just move the car. Many people are not too clear whether moving the car after drinking is considered drunk driving? What are the latest penalty standards for drunk driving in 2021? Below, let's learn about the relevant knowledge about drunk driving with Encyclopedia Knowledge Network!

Contents of this article

1. Is moving a car after drinking considered drunk driving?
2. What are the latest penalty standards for drunk driving in 2021?
3. What is the difference between driving under the influence and driving with alcohol?

Is moving a car after drinking considered drunk driving?

Drivers need to drive their vehicles briefly in parking lots, residential areas and other places in order to move their vehicles. However, according to the relevant provisions of the Road Traffic Safety Law, "roads" refer to highways, urban roads and places that are under the jurisdiction of units but allow social motor vehicles to pass, including squares, public parking lots and other places for public access. Therefore, residential areas open to the public, internal roads of units, public parking lots, underground garages, etc. are all considered roads.

Some drivers believe that moving a car cannot be considered driving. In judicial practice, driving behavior is summarized into three steps, namely "getting in the car", "starting the engine", and "moving the wheels". As long as the motor vehicle is physically displaced on the road, the driving behavior is considered to have been completed. Therefore, the act of moving a car in a residential area or parking lot will also be considered as driving a motor vehicle on the road under criminal law.

What are the latest penalty standards for drunk driving in 2021?

1. If a person drives a motor vehicle after drinking, he will be downgraded by 12 points at a time, his motor vehicle will be temporarily detained for 6 months, and he will be fined not less than 1,000 yuan but not more than 2,000 yuan. An A1 license can be issued with an additional license after 5 years, and an A2 or B1 license can be issued with an additional license after 3 years.

2. If a person drives a motor vehicle after drinking for the second time, he shall be detained for no more than 10 days, fined no less than RMB 1,000 but no more than RMB 2,000, and have his driver's license revoked. He shall not be allowed to obtain a driver's license within two years, and shall not be allowed to obtain an A or B driver's license within 10 years.

3. Those who drive a commercial vehicle while drunk will be detained for 15 days, fined 5,000 yuan, and have their driver's license revoked. They will not be allowed to obtain an A or B license within 5 years, and will not be allowed to obtain an A or B license within 10 years.

4. If a major traffic accident caused by drunk driving constitutes a crime, the driver will be banned from driving for life; if 12 points are recorded for drunk driving, the driver will be downgraded and lose the qualification to drive the highest type of vehicle, and will have to study and take the test again. Once the driver's license is revoked, the driver cannot obtain an A or B license within 10 years.

5. If a person drives a motor vehicle while drunk, his or her driver's license will be revoked, and he or she will be held criminally liable in accordance with the law and will not be allowed to obtain a driver's license within 5 years.

6. If a person drives a commercial vehicle while drunk, his/her motor vehicle driver's license will be revoked, and he/she will be held criminally liable in accordance with the law. He/she will not be allowed to obtain a new driver's license within 10 years. After obtaining a new motor vehicle driver's license, he/she will not be allowed to drive a commercial vehicle. He/she will not be allowed to obtain a license to drive a large passenger vehicle, tractor, medium-sized passenger vehicle, or large truck.

What is the difference between driving under the influence and driving with alcohol

Drunk driving refers to a situation where the alcohol content in the driver's blood is greater than or equal to 20mg/100ml and less than 80mg/100ml.

Drunk driving refers to driving behavior when the alcohol content in the driver's blood is greater than or equal to 80mg/100ml.

Those who drive under the influence of alcohol will face penalties such as temporary suspension or revocation of their driver's license, fines, or even administrative detention; those who drive under the influence of alcohol will face criminal charges of "dangerous driving" and will bear corresponding criminal penalties.