1. If the violation of the law does not constitute a crime, only administrative detention will be given, with a maximum of 15 days and a fine of no more than 20 days. When the detention period stipulated in the administrative penalty decision expires, you can leave the detention center;
2. If you are suspected of committing a crime, the time spent in the detention center includes the criminal detention period, the investigation detention period after arrest, and the prosecution period of the procuratorate. If you are sentenced to a suspended sentence instead of being sentenced or convicted after a public prosecution is initiated by the procuratorate, you can let it out:
(1) Criminal detention generally lasts 14 days, with a maximum of 37 days;
(2) The period of investigation detention after arrest: generally two months. For complex cases, with the approval of the procuratorate at the next higher level, it can be extended by one month, that is, three months. Under special circumstances, it may be extended with the approval of the provincial procuratorate;
(3) The time limit for the procuratorate to review and prosecute: generally, it is one month. If the circumstances are serious and complicated, it can be extended by half a month.
The days of criminal detention for drunk driving are as follows:
1. After drunk driving, if the circumstances are minor and have not caused great impact, they will generally be detained for one month to six months, fined, their driver's license revoked, and may not re-enter the venue within five years;
2. Drunk driving causes serious consequences, damages public property, or causes death, which constitutes a traffic accident crime, and shall be sentenced to fixed-term imprisonment of not more than three years;
3. Whoever has a serious accident after drunk driving, or who has caused serious consequences and then hit and run, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If someone dies because of hit and run, you will be sentenced to more than seven years in prison.
Drunk driving a motor vehicle on the road shall be detained and fined; Any of the following aggravating circumstances shall be given a heavier punishment, as follows:
(1) Causing a traffic accident and taking full or main responsibility for the accident, or causing the escape after a traffic accident, which does not constitute other crimes;
(2) The blood alcohol content is more than 200mg/100ml;
(3) Driving on expressways and urban expressways;
(four) driving a motor vehicle to carry passengers;
(five) serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, using forged or altered motor vehicle license plates and other serious violations of road traffic safety laws;
(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;
(7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
I hope the above content can help you. If in doubt, please consult a professional lawyer.
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.