1, drunk driving caused a traffic accident, which constitutes a traffic accident crime, and is generally sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years;

2. The crime of causing traffic accidents is objectively manifested as a criminal act that violates road traffic management regulations, causes a major traffic accident, causes serious injury or death to people, or causes heavy losses to public and private property, and is investigated for criminal responsibility according to law;

3, drunk driving refers to the blood of motor vehicle drivers, when the alcohol content is greater than or equal to 20 mg per 100 ml, but it is less than 80 mg per 100 ml, which is called drunk driving.

The difference between drunk driving and drunk driving is as follows:

1, the alcohol content in blood and breath of drivers is different. The alcohol content of drunk drivers per 100 ml of blood is greater than or equal to 20 mg and less than 80 haoke. The alcohol content of drunk drivers per 100 ml of blood is greater than or equal to 80 mg;

2. The punishment is different. Those who drive a motor vehicle after drinking alcohol will be temporarily detained for 6 months. Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, the motor vehicle driver's license shall be revoked, criminal responsibility shall be investigated according to law, and the motor vehicle driver's license shall not be re-obtained within 5 years;

3. If the amount of fines is different, driving a motor vehicle after drinking is punished, and if driving a motor vehicle after drinking again, it will be detained for less than 10 day, fined for more than 1000 yuan but less than 2,000 yuan, and the motor vehicle driver's license will be revoked. Drunk driving and operating a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated according to law. No motor vehicle driver's license shall be re-obtained within 10 years, and no motor vehicle shall be driven and operated after re-obtaining the motor vehicle driver's license.

To sum up, drunk driving means that the alcohol content of the person concerned has reached more than 80 mg/100 ml. Generally, as long as this standard is reached, he will be sentenced to criminal detention, but the term of criminal detention will be in accordance with the provisions of the law, and the longest one will not exceed six months. Therefore, different punishments will be made for different situations.

Legal basis:

Article 133 of the Criminal Law of the People's Republic of China

The crime of causing traffic accidents violates traffic regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.