1. Can drunk drivers get bail pending trial?
There is no possibility of bail pending trial in drunk driving cases, and bail pending trial is only applicable to criminal suspects, but drunk driving does not constitute a crime.
Road traffic safety law
Article 91
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.
2. What is the difference between drunk driving and drunk driving?
1, the identification criteria are different.
The range standard of drunk driving is that the alcohol content in blood is more than or equal to 20 mg and less than 80 mg per 100 ml. The scope standard of drunk driving is that the alcohol content in blood is greater than or equal to 80mg per 100ml.
2. The punishment standard is different.
Drunk driving constitutes a crime of dangerous driving and requires criminal responsibility. Drunk driving is illegal and will not be sentenced.
3. What are the conditions for being released on bail for a major traffic accident caused by drunk driving?
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
In drunk driving cases, those who meet the statutory conditions can get bail pending trial, but drunk driving cannot get bail pending trial, because drunk driving itself does not constitute a criminal offence. Even if the suspect has relevant drunk driving records, as long as there is no major traffic accident, the traffic management department of the public security organ can only impose administrative penalties.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 67 of the Criminal Procedure Law of People's Republic of China (PRC).
The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial shall be executed by the public security organ.