There is no uniform time limit for obtaining evidence of drunk driving, as long as the public security department does not exceed the maximum detention period stipulated in the Criminal Procedure Law, but it usually takes two months for the public security department to investigate the evidence related to drunk driving. Anyone who has had a blood test experience in a hospital knows that the hospital's test sheet may not be able to produce results after more than a week.
In criminal cases investigated by public security organs, the longest criminal detention before arrest shall not exceed 37 days. 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.
The steps of handling traffic accidents are as follows:
Accept the report. After receiving a report from a party or other person, the public security traffic management department shall file a case according to its jurisdiction; 2. On-site treatment. After accepting the case, the public security traffic management department immediately sent personnel to the scene to rescue the injured and property, explore the scene and collect evidence; 3. Responsibility identification. On the basis of finding out the facts of traffic accidents, the public security traffic management department determines the responsibility of traffic accidents according to the causal relationship and function between the illegal acts of the parties involved in the accidents and the traffic accidents. 4. Reward and punish. The traffic administrative department of public security shall, in accordance with the relevant provisions, punish the person responsible for the accident with warning, fine, suspension, revocation of driver's license or detention; 5. Mediation of damages. Compensation for personal injuries and economic losses caused by traffic accidents shall be divided into corresponding compensation proportions in accordance with relevant regulations and compensation standards, and the public security traffic management department shall convene both parties to mediate. Both parties agree to reach an agreement, and the accident mediator will make and issue a conciliation statement for damages; 6. Bring a lawsuit to the court. If both parties fail to mediate within the statutory time limit, the public security traffic management department will terminate the mediation and issue a mediation conclusion, and both parties will bring a civil lawsuit to the court.
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 stipulates that anyone who drives a motor vehicle after drinking alcohol shall be detained for not more than six months and fined not less than 65,438 yuan but not more than 0,000 yuan. Those who are punished for driving a motor vehicle after drinking, and those who drive a motor vehicle after drinking again, shall be detained for less than 10, fined for more than 1000 yuan but less than 2,000 yuan, and their motor vehicle driving licenses 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 5 years.
Anyone who drives a motor vehicle after drinking alcohol shall be detained on June 5438+05, fined 5000 yuan, and his motor vehicle driver's license shall be revoked, and he shall not re-obtain the motor vehicle driver's license within 5 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; /kloc-Never obtain a motor vehicle driver's license again within 0/0 years, and never drive or operate a motor vehicle after obtaining a motor vehicle driver's license again.
Driving a motor vehicle after drinking or drunk, causing a major traffic accident, may not re-obtain a motor vehicle driver's license for life.
One of the provisions of Article 133 of the Criminal Law stipulates that anyone who drives a motor vehicle on the road for dangerous driving shall be sentenced to criminal detention and fined in any of the following circumstances:
(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;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.