The blood test results of drunk driving came back. Do I have to be detained?

Under normal circumstances, the suspect can be detained after obtaining the blood test report. A natural person who has reached the age of 16 and has criminal responsibility will bear criminal responsibility for drunk driving. Even detention is a criminal detention and a criminal compulsory measure. The suspect will eventually be sentenced by the court to criminal detention ranging from 1 to 6 months and fined.

First, will you be detained for drunk driving and blood test?

1, drunk driving will not be detained immediately after the blood test comes out. After the blood test report comes out, the public security department at or above the county level shall issue a certificate of criminal detention. After the traffic police get the residence permit, they will notify the criminal and then formally detain the criminal. Drunk driving can generally apply for bail pending trial, as long as it meets the conditions of bail pending trial. You can go home on bail pending trial.

2. 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.

Second, what is the blood test process for drunk drivers?

According to laws and regulations, the following procedures shall be followed when detecting the contents of alcohol, psychotropic drugs and narcotic drugs controlled by the state in the driver's body:

1. The traffic police will take the client to a medical institution to draw blood or take a urine sample;

2. The traffic administrative department of the public security organ shall promptly send the blood or urine samples to a qualified institution for inspection, and inform the parties in writing of the inspection results. Because there is no specific inspection time limit, the traffic patrol department will generally send it for inspection as soon as possible and inform the parties of the results in time.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 133 of the Criminal Law (133) Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:

(a) chasing racing, the circumstances are bad;

(two) drunk driving a motor vehicle;

(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;

(four) in violation of the provisions on the safety management of dangerous chemicals, transporting dangerous chemicals, endangering public safety.