Will you be detained immediately after the blood test results of drunk driving come out?

You won't be detained immediately after the drunk driving 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.

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.

What's the difference between drunk driving and drunk driving?

(1) Different alcohol content requirements.

The driving behavior of vehicle drivers whose blood alcohol content is more than or equal to 20mg/ 100ml and less than 80mg/ 100ml is drinking and driving.

The driving behavior of vehicle drivers whose blood alcohol content is greater than or equal to 80mg/ 100ml belongs to drunk driving.

(2) The legal consequences are different.

Drunk driving is an illegal act, and the traffic administrative department of the public security organ shall impose administrative punishment according to law.

Drunk driving is a criminal act, which requires not only administrative punishment by the traffic management department of the public security organ, but also criminal responsibility.

4. What are the conditions for the public security organ to transfer the suspected drunk driving for examination and prosecution?

The conditions for public security organs to transfer for examination and prosecution are that the facts of the crime are clear and the evidence is true and sufficient. If the evidence is true and sufficient, the following conditions shall be met:

(1) There is evidence to prove the facts of the case;

(2) The evidence of the facts of the case has been verified through legal procedures;

(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.

In the case of drunk driving, the traffic control department does not have to wait until the blood test results come out before detaining the suspect. If the result of alcohol meter measurement shows that it has reached the standard of drunk driving, the public security organ may take criminal detention first. However, the blood test results are indispensable proof materials, and blood tests can also be carried out during the criminal detention of criminal suspects.

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.