Legal basis:
1. Article 91 of the Road Traffic Safety Law stipulates that anyone who drives 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.
Two. Measures for the implementation of the regulations on detention centers Article 3 Detention centers shall adhere to the management according to law, scientific and civilized management, safeguard the personal safety and legitimate rights and interests of detainees according to law, respect the personality of detainees, and shall not insult, physically punish or maltreat detainees, nor instigate or condone others to insult, physically punish or maltreat detainees.
Article 48 A detention center shall guarantee the right of communication and meeting of detainees during their detention. Detainees shall abide by the communication and meeting regulations of the detention center.
Fifty-second interviews with detainees should hold valid identity documents. The police of the detention center shall examine the relevant certificates and vouchers of the meeting personnel, fill in the registration form of meeting the detainees, and make arrangements in time.
Meeting with detainees shall be conducted at the time and place specified by the detention center, and the regulations on meeting with detainees shall be observed. Generally, the number of meetings with detainees is not more than two, and the number of people meeting each time is not more than three, and the meeting time is not more than 30 minutes. If there are special circumstances that require a meeting on a non-meeting day or increase the number, number and time of meetings, it must be approved by the leaders of the detention center.
Lawyers entrusted by detainees are not limited by the number and time, but should be held during normal working hours.
In violation of the regulations on meeting management, the detention center may give a warning or order it to stop the meeting.
After the meeting, the detention center shall send the detainees back to the detention room after physical examination.
Extended data:
Drunk driving is generally severely punished according to the circumstances and severely punished according to law.
According to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents, if one or more people are seriously injured by traffic accidents and bear all or the main responsibility for the accident, they are drunk drivers and will be convicted and punished for the crime of traffic accidents.
In this case, drunk driving becomes a conviction circumstance to decide whether it constitutes a crime.
According to "Opinions of the Supreme People's Court on Applicable Law of Drunk Driving Crime", the perpetrator knows that drunk driving is illegal and will endanger public safety, but ignores the law, especially if he continues to drive after an accident, causing heavy casualties, he should be convicted and punished for the crime of endangering public safety by dangerous methods according to law, and the legal punishment range is fixed-term imprisonment, life imprisonment or death penalty of more than 10 years.
If drunk driving is only drunk driving, combined with the above provisions, in fact, the punishment at this time will not involve detention. However, those who constitute drunk driving will be given a detention penalty of less than 15 days in terms of traffic administrative punishment. However, because it also constitutes a crime at this time, in criminal terms, criminal detention is a compulsory measure, which can not exceed 37 days at most.
Baidu Encyclopedia-Road Traffic Safety Law of the People's Republic of China