Legal analysis: If you drive after drinking, you usually issue a penalty decision on the spot; If it is drunk driving a motor vehicle, the penalty decision will generally be issued after it wakes up.

legal basis: article 17 of the road traffic safety law of the people's Republic of China gives a warning to road traffic violators and imposes a fine of less than 2 yuan. the traffic police can make a decision on administrative punishment on the spot and issue a written decision on administrative punishment. The written decision on administrative punishment shall specify the illegal facts of the parties, the basis of administrative punishment, the content, time and place of punishment and the name of the punishment organ, and shall be signed or sealed by law enforcement officers.