1. After drunk driving, the public security organ needs to confirm that the alcohol concentration in the blood really exceeds the standard before detention. For drunk driving, it is generally difficult to detain on the spot. When dealing with drunk driving cases, public security organs generally need to take blood tests on drivers. When it is determined that the alcohol concentration per 100 ml of blood exceeds 80 mg, the public security organ may detain it on the premise of obtaining a detention permit.
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.
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 shall be revoked, and he shall not obtain a motor vehicle driver's license 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.
Two, drunk driving criminal detention for a few days?
The lightest punishment standard for drunk driving without accidents is criminal detention and a fine. Drunk driving is suspected of committing the crime of dangerous driving, which refers to driving a motor vehicle on the road while drunk, or driving a motor vehicle to chase a race on the road, and the circumstances are bad. Drunk driving refers to the act of driving a motor vehicle in a drunken state. Drunk driving usually means losing or partially losing one's will during driving, thus losing reasonable judgment and control over driving behavior. So drunk driving is extremely harmful to the safety of yourself and the public.