Can I be released on bail after being detained for three months for drunk driving?
According to China's regulations, the conditions for obtaining bail pending trial are as follows:
(1) can be sentenced to minor punishments such as public surveillance, criminal detention or independent application of supplementary punishment;
(2) may be sentenced to more than fixed-term imprisonment, and obtaining a bail pending trial will not cause social danger;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies will not be socially dangerous if they are released on bail pending trial;
(4) Upon the expiration of the detention period, the case has not yet been settled, and it is necessary to obtain bail pending trial.
The difference between drunk driving and drunk driving is as follows:
1, and the recognition criteria are different: drunk driving means that the alcohol content in the driver's blood is more than or equal to 20 mg and less than 80 g per 100 ml. Drunk driving means that the alcohol content in the driver's blood is greater than or equal to 80 mg per 100 ml;
2. Different punishment standards:
(1) Penalty standard for drunk driving: If a driver drives a motor vehicle after drinking alcohol, he will be detained temporarily for six months and fined 1000 yuan to 2,000 yuan; Those who have been punished for driving a motor vehicle after drinking alcohol, and those who drive a motor vehicle after drinking alcohol again, shall be detained by the relevant departments for less than 10, and fined more than 1000 yuan but less than 2,000 yuan, and the driver's motor vehicle driving license shall be revoked;
(II) Penalty standard for drunk driving: If a driver drives a motor vehicle because of drunkenness, the traffic administrative department of the public security shall restrain the driver until he wakes up, revoke the driver's motor vehicle driving license, and investigate his criminal responsibility in accordance with relevant laws and regulations. No motor vehicle driver's license shall be obtained again within five years. If a driver is drunk driving a motor vehicle, the traffic administrative department of the public security shall restrain the driver until he wakes up, revoke his motor vehicle driving license, and investigate his criminal responsibility according to law; /kloc-you can't get a motor vehicle driver's license again within 0/0 years.
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.