1. How long was the second drunk driving sentence?
1, regardless of drinking or drunk driving, once investigated, the illegal behavior will accompany the driver for life; After learning to resume driving qualification, no matter when and where, no matter how long the interval, drunk driving again is a "second drunk driving".
2, drunk driving a motor vehicle, by the traffic administrative department of the public security organs to restrain their abstinence, revoke the motor vehicle driver's license, shall be investigated for criminal responsibility according to law; 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.
3. Legal basis: 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.
Second, how do lawyers defend drunk driving cases?
After a party is suspected of dangerous driving, his close relatives shall promptly entrust a lawyer to defend him. In order to reduce the punishment, it is necessary for the parties to entrust a professional lawyer to defend. Lawyers can conduct all-round three-dimensional defense from the perspectives of whether the facts of the crime are true, the degree of drunkenness, the type of motor vehicle, the driving road, the speed, whether it has caused actual damage, whether it has surrendered, confessed, rendered meritorious service, whether it is a first-time offender or an occasional offender, whether it has shown remorse, whether it has pleaded guilty in court, and whether it can apply probation.
To sum up, drunk driving will face criminal responsibility, which is a very serious situation. If a party is caught by the traffic police for drunk driving after being punished, the criminal detention should be more than three months. For the second drunk driving, probation is not given in principle, but the actual sentence must be served. The maximum penalty for drunk driving is six months' criminal detention.
Legal basis: Article 133 of the Criminal Law of People's Republic of China (PRC).
The crime of causing traffic accidents violates traffic laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and 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.