Drunk driving is a criminal offence. First of all, you will be under criminal detention. Finally, you will be sentenced to criminal detention by the court. The maximum period of criminal detention is six months. The statutory penalty for the crime of dangerous driving is criminal detention (criminal detention is short-term free punishment of 1 to 6 months, and the combined punishment for several crimes shall not exceed 1 year); A criminal suspect or defendant may be arrested only if the circumstances are serious in violation of the provisions on obtaining a guarantor pending trial and residential surveillance.
Criminal detention is a short-term punishment that deprives criminals of their freedom and works nearby. Criminal detention shall be carried out by public security organs in the nearest detention center, detention center or other places of supervision. During the execution period, criminals can go home for one or two days a month, and those who take part in labor can get paid as appropriate. The term of criminal detention shall be from one month to six months, and the combined punishment for several crimes shall not exceed one year.
2. What are the sentencing circumstances of the crime of drunk driving?
1. Investigate the danger of drunk driving:
(1) Did the actor cause real injury, that is, whether there was a traffic accident and the severity of the accident, including property loss and personal injury?
(2) The driving ability of a driver at the time of committing a crime is mainly judged by the alcohol content in his blood.
(3) Whether the actor has other serious violations of the road traffic safety law.
(4) Drunk driving seriously threatens the life safety of unspecified majority. Once a traffic accident happens, the consequences will be particularly serious.
2. Investigate the subjective malignancy and personal danger of the perpetrator; Can be judged from the behavior of the actor in the following three stages:
(1) Performance before drunk driving. Having received administrative punishment or criminal punishment for drunk driving, repeatedly violating the road traffic safety law, and persisting in drunk driving after being discouraged by others; Whether it intentionally hides, defaces or fails to install the number plate as required, or knowingly uses it as a forged, altered or other motor vehicle number plate.
(2) When it is seized, it shows that it cooperates with the public security organ to carry out inspection according to law, or does not cooperate with inspection, such as drinking alcohol on the spot, locking the car door, resisting breath alcohol content test or blood test, or even punching in to avoid inspection or violently resisting inspection; If there is a traffic accident, do you actively rescue the injured, or take the initiative to call the police, or know that others are still waiting for the police to deal with it. To sum up, drunk driving has been listed as a dangerous driving crime in law, and the circumstances are quite bad. Drinking and driving can easily cause serious traffic accidents. Therefore, the parties will be given corresponding criminal punishment, and the corresponding sentencing standard is criminal detention for less than six months. Of course, if there is a traffic accident, it will be decided according to the actual situation.
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