The second drunk driving refers to the first drunk driving behavior, which was implemented after being punished. According to relevant laws and regulations, those who drive a motor vehicle after drinking alcohol shall be detained for six months and fined 1000 yuan but not more than 2000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked. How many days of detention depends on the alcohol content and the harm of drunk driving.
Can I get a suspended sentence for the second drunk driving?
It is difficult to get a suspended sentence for the second drunk driving. Because the second drunk driving is a recidivist, the recidivist does not meet one of the conditions of probation. For the second drunk driving, regardless of other circumstances, the court will sentence him to criminal detention of less than six months, but no probation is allowed. Committing a crime again within five years is a recidivist, and the law stipulates that criminal responsibility shall be investigated again and the punishment shall be heavier.
Anyone who drives a motor vehicle drunk on the road shall be detained and fined. The fine here needs to be determined according to the contents of the specific provisions of the criminal law, and the specific amount of fine is determined by the court according to the actual situation of the case.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China.
Those who drive a motor vehicle after drinking alcohol shall be detained for six months and fined between 1,000 yuan and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked. Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the 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. Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license revoked. No motor vehicle driver's license shall be obtained again within five years. Anyone who drives or operates a motor vehicle in a drunken state 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 ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again. 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, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license and shall not re-obtain the motor vehicle driving license for life.