(1) If drunk driving does not cause an accident, it shall be treated as dangerous driving. Drunk driving a motor vehicle on the road is a dangerous driving crime, which can be punished by criminal detention and fine. The term of criminal detention is less than six months.
(2) Drunk driving is suspected of dangerous driving. After the public security organ arrests a criminal suspect, the period of investigation and detention shall not exceed two months, which may be extended upon approval. The public security organ shall transfer it to the procuratorate for examination and prosecution, and the procuratorate shall make a decision within one month, which may be extended by half a month. In case of returning for supplementary investigation or other crimes, the above time limit will be recalculated.
(3) Now the punishment for drunk driving has been increased. Drinking a little wine counts as drunk driving. Even if the alcohol content reaches a certain level, the driver's license will be permanently revoked for more than three times. So please don't drink and drive, that is to say, the alcohol content in the driver's blood or breath per 100 ml is greater than 0 and less than 100 mg.
(4) Article 9 1 of China's Road Traffic Safety Law clearly stipulates that anyone who drives a motor vehicle after being drunk shall be restrained by the traffic administrative department of the public security organ until he wakes up, detained for less than 15 days, temporarily detained for more than three months and less than six months, and fined for more than 500 yuan and less than 2,000 yuan.
(5) Driving a motor vehicle after drinking alcohol, with a fine of 1 1,000-2,000 yuan, with 12 points, and the driver's license suspended for 6 months; Drinking and driving a motor vehicle will result in a fine of 5,000 yuan, with a score of 12, detention for less than 15 days, and no driver's license can be obtained again within 5 years.
(6) According to the criminal law, anyone who drives a motor vehicle drunk on the road shall be detained and fined. The term of criminal detention is from one month to six months. Sentenced to criminal detention shall be executed by the public security organ nearby (usually in a detention center).
(seven) drunk driving a motor vehicle, by the traffic administrative department of the public security organ until sober, temporarily detained six months of motor vehicle driving license, and impose a fine of 1000 yuan to 2000 yuan; Anyone who drives or operates a motor vehicle after drinking alcohol shall be restrained by the traffic administrative department of the public security organ until he wakes up, detained for less than 15 days, fined 5,000 yuan, and his motor vehicle driver's license shall be revoked, and he shall not regain his motor vehicle driver's license within five years.
Article 214 of the Criminal Procedure Law If a case is tried by summary procedure, the people's court shall conclude the case within 20 days after accepting it. If the possible fixed-term imprisonment exceeds three years, it can be extended to one and a half months.
The term of criminal detention is from one month to six months, and summary procedures are applicable. It usually takes about a month to sentence.
How long does it usually take for drunk driving to be sentenced? It is best to consult a lawyer face to face with the materials and get a detailed plan. He Xiong Law Firm provides free consultation.
How long does it usually take for drunk driving to be sentenced? Now drunk driving has been released on bail pending trial, indicating that it has been suspected of committing a crime. The handling procedure of this case is very fast, generally it won't take more than two months. Suspected of dangerous driving, according to the regulations, he should be sentenced to criminal detention of not more than six months.
How long will it take to get a sentence for drunk driving? About three months. It is suggested to entrust a lawyer to intervene as soon as possible to understand the case and protect the interests of the parties to the maximum extent. It is best to consult a lawyer face to face with the materials and get a detailed plan. If you need a lawyer's advice, you can go to the lawyer's network for consultation.
How long does drunk driving usually take? Drunk driving is suspected of dangerous driving. Those who have not caused casualties or property losses shall be sentenced to criminal detention of not more than six months.
How long do you usually go in and get sentenced? That depends on the time when the court convicts.
If the first-instance judgment is established and no appeal is made, it will take about half a year.
If the appeal is retried
It won't take long.
How to judge drunk driving? m 1。 Drunk driving alone did not cause traffic accidents or other casualties.
Article 9 1 of China's Road Traffic Safety Law clearly stipulates that anyone who drives a motor vehicle after being drunk shall be restrained by the traffic management department of the public security organ until he wakes up, detained for less than fifteen days, and temporarily detained with a motor vehicle driver's license for more than three months and less than six months.
2. Drunk driving causes casualties and major traffic accidents.
According to the criminal law, a drunken person should bear criminal responsibility for committing a crime. The actor knows that drunk driving is illegal and will endanger public safety, but ignores the legal provisions of drunk driving, especially after the accident, causing heavy casualties, which shows that the actor is subjectively laissez-faire with continuous harmful results and has the intention of endangering public safety. If such drunk driving causes heavy casualties, he shall be convicted of endangering public safety by dangerous means according to law.
Hello, how long do you usually get for drunk driving? Drunk driving 1 constitutes a dangerous driving crime and is sentenced to criminal detention for 1 to 6 months.
However, according to the circumstances of the case, drunk driving may also constitute a crime of causing traffic accidents or endangering public safety in a dangerous way.
Suggested consultation: tieba.baidu./f? KW =% C2% C9% CA% A6 & amp； Fr = index lawyer, lawyer.
How long does drunk driving usually take? If the alcohol content is 20 mg-40 mg/ 100 ml or driving a motor vehicle into the city center after drinking, the driver's license will be temporarily suspended for 1-2 months and 300 yuan will be fined;
If the alcohol content is 60 mg-80 mg/ 100 ml or the driver is punished for drinking and driving for the second time within one year, the driver's license will be temporarily suspended for 3 months and 300 yuan will be fined;
If the alcohol content is 80 mg-1000 mg/100 ml or if a motor vehicle is drunk and enters the downtown area, the driver's license will be detained on 15, and the fine will be withheld for more than 3 months 1500 yuan;
Drunk driving was sentenced to six months in prison.
How long does it take to get caught drunk before being sentenced? Article 9 1 of China's Road Traffic Safety Law clearly stipulates that anyone who drives a motor vehicle after being drunk shall be restrained by the traffic management department of the public security organ until he wakes up, detained for less than 15 days, temporarily detained for more than three months and less than six months, and fined for more than 500 yuan and less than 2,000 yuan.
According to the new scoring method for road traffic safety violations put into use on April 1, 2065438 and 1, those who drink alcohol or drive a motor vehicle drunk will be deducted 12 points at one time. In the new "Road Traffic Safety Law", drunk drivers are detained for less than 15 days, their driving licenses are temporarily suspended for more than 3 months and less than 6 months, and they are also fined for more than 2,000 yuan in 500 yuan.
Judgement standard of drunk driving: the behavior that the alcohol content in blood is greater than (equal to) 80mg/ per kloc-0/00 ml belongs to drunk driving. According to the national "Threshold and Detection of Alcohol Content in Blood and Exhale of Vehicle Drivers", drivers whose alcohol content in 100 ml blood reaches 20-80 mg are deemed as drunk driving, and those who exceed 80 mg are deemed as drunk driving.
According to the criminal law, a drunken person should bear criminal responsibility for committing a crime. The actor knows that drunk driving is illegal and will endanger the safety of the public, but ignores the legal provisions of drunk driving, especially after the accident, causing heavy casualties, which shows that the actor subjectively let the continuous harmful results drift and has the intention of endangering the safety of the public. in this regard
drunk driving
drunk driving
If drunk driving causes heavy casualties, he shall be convicted of endangering public safety by dangerous means according to law. Relevant surveys show that in 2009, there were 310.3 million cases of drunk driving in China, including 42,000 cases of drunk driving.
The current criminal law stipulates the sentencing standards for major traffic accidents and escape after traffic accidents.
20 1 1 On February 26th, 2008, the National People's Congress Standing Committee (NPCSC) voted to pass the criminal law amendment (VIII), which listed racing and drunk driving as criminal acts for the first time. Article 22 of the amendment stipulates:
"Driving a motor vehicle chasing racing on the road, if the circumstances are bad, or driving a motor vehicle drunk on the road, it shall be detained 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. "