1, drunk driving, depending on the seriousness of the case, be detained for less than 15 days;
2. Drunk driving shall be investigated for criminal responsibility, and shall be placed in criminal detention for less than six months. If serious consequences are caused, the sentence shall be imposed according to the actual situation.
Criminal record generally refers to a person's past record of illegal and criminal acts. The specific analysis is as follows:
1. Drunk driving is only a criminal detention, and ultimately no criminal responsibility will be investigated. If it is not sentenced by the court, criminal detention of drunk driving will not leave a criminal record;
2. After being detained for drunk driving, if the case-handling organ promotes the case according to the procedures prescribed by law, the drunk driving behavior will eventually be investigated for criminal responsibility, and if it is sentenced, it will leave relevant criminal records.
Drunk driving:
1, drunk driving, restricted by public security organs until sober. Revoke the machine driver's license, pursue criminal responsibility according to law, and may not re-obtain the driver's license within 5 years;
2, drunk driving operating vehicles, organized by the public security organs sober up. If the motor vehicle driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 10 years. After obtaining a driver's license again, you may not drive an operating vehicle;
3, drunk or drunk driving, a major traffic accident, which constitutes a crime, shall be investigated for criminal responsibility according to law. If the driver's license is revoked, it shall not be re-obtained for life.
legal ground
Criminal law of the people's Republic of China
Article 133 Whoever violates traffic rules and causes a traffic accident, thus causing a serious accident, causing serious injury or death to people or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 133-1 Crime of Dangerous Driving 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;
(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.
Article 133 bis Crime of Obstruction of Safe Driving Whoever uses violence or robs the driver's driving control device of a moving public transport to interfere with the normal operation of public transport and endanger the safety of public transport shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined.
If the driver of the preceding paragraph leaves his post without permission on public transport, fights with others or beats others, thus endangering the safety of public transport, he 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.
Road Traffic Safety Law of the People's Republic of China
Article 91 Whoever drives a motor vehicle after drinking alcohol shall be detained for not more than six months and fined not less than 1,000 yuan but not more than 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.