From a legal point of view, is it useful to find a lawyer for drunk driving?
In general litigation cases, the parties will hire lawyers to defend their actions and express the guilt of the case. At that time, in the case of drunk driving, due to the particularity of the nature of drunk driving and the clarity of the case evidence, from a legal point of view, is it useful to hire a lawyer for drunk driving? The following is an explanation and explanation of this problem. Is it useful to hire a lawyer according to the regulations for drunk driving? Drunk driving has not caused a major traffic accident, and is generally sentenced to criminal detention. It is useless to ask a lawyer or entrust relatives and friends to defend. It may be lighter to find relatives and friends who have friendship with the leaders of territorial courts or the presidents of criminal courts and their presiding judges. According to Article 42 of the current Criminal Law, the term of criminal detention is from one month to six months. Article 43 A criminal sentenced to criminal detention shall be executed by the public security organ nearby. During the execution, criminals sentenced to criminal detention can go home for one or two days a month; Those who take part in labor may be paid as appropriate. Article 44 The term of criminal detention and the term of criminal detention shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. Article 133-1 Whoever drives a motor vehicle to chase after a race on the road, if the circumstances are bad, or who drives a motor vehicle drunk on the road, shall be sentenced to criminal detention and fined. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. If it is to reduce the punishment, of course it will be better. It is suggested to go to the legal partner to explain the situation first and find a lawyer to analyze it. How to Punish Drunk Driving (1) Road Traffic Safety Law Punishment According to the latest revision of the Road Traffic Safety Law: 1. Anyone who drives a motor vehicle while drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years. 2, drunk driving operation of motor vehicles, by the traffic administrative department of the public security organs to restrain their abstinence, revoke the motor vehicle driver's license, shall be investigated for criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again. 3. If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law. The traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life. (II) Punishment of the Criminal Law and related judicial interpretations 1, Article 133- 1 of the Criminal Law stipulates that anyone who drives a motor vehicle on the road while drunk shall be sentenced to criminal detention and fined. Based on the above analysis, it can be seen that it is useful to hire a lawyer for drunk driving from a legal point of view. This problem needs to be analyzed according to the actual situation of drunk driving. Under normal circumstances, ordinary drunk driving cases are directly sentenced to criminal detention fines, and lawyers are not required. When casualties occur or drivers have criminal records, they need to analyze and defend with lawyers.