It must be useful to hire a lawyer. According to the criminal law, drunk driving a motor vehicle constitutes a crime of dangerous driving, which can be detained for up to six months and fined according to law.
For defense lawyers, their duty is to provide materials and opinions on innocence, light sentence or exemption from criminal responsibility for criminal suspects and defendants according to facts and laws, and to safeguard their litigation rights and other legitimate rights and interests. Therefore, if the client consults the driver's license network for defense, the lawyer can put forward defense opinions in favor of the client according to specific facts and corresponding legal provisions, and strive to give the client a lighter punishment. If the crime is not too serious, they can also fight for probation.
Criminal procedure law
Article 35 The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent or light, or to reduce or exempt his criminal responsibility, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
2. How to punish drunk driving?
(1) road traffic safety punishment law
According to the newly revised Road Traffic Safety Law:
1, drunk driving a motor vehicle, the traffic administrative department of the public security organ shall sober up, revoke the motor vehicle driver's license, and be investigated for criminal responsibility according to law; No motor vehicle driver's license shall be obtained again within five years.
2. Whoever drives or operates a motor vehicle after drinking alcohol shall be restrained by the traffic administrative department of the public security organ to sober up, and 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 re-obtained within ten years, and no motor vehicle shall be driven or operated after re-obtaining the motor vehicle driver's license.
3. If a serious traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, which constitutes a crime, criminal responsibility shall be investigated according to law. The traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not obtain the motor vehicle driver's license again for life.
(2) Penalty in criminal law and related judicial interpretation.
1. Article 133 of the Criminal Law stipulates that anyone who drives a motor vehicle drunk on the road shall be detained and fined.
2 drunk driving a motor vehicle under any of the following circumstances shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 133rd of the Criminal Law:
(a) causing a traffic accident, taking full or main responsibility for the accident, or causing a traffic accident to escape, which does not constitute other crimes;
(2) Blood alcohol content exceeds 200mg/100ml;
(3) Driving on expressways and urban expressways;
(4) driving a passenger motor vehicle;
(5) Serious violations of road traffic safety laws such as overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle number plates. ;
(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;
(7) Being subject to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(eight) other circumstances that can be severely punished.
3. Drunk driving a motor vehicle, obstructing the public security organ from inspection according to law by violence or threats, which constitutes other crimes such as obstruction of official duties, shall be punished in accordance with the provisions of combined punishment for several crimes.
4. When imposing a fine on a defendant who is drunk driving a motor vehicle, the amount of the fine appropriate to the principal punishment shall be determined according to factors such as the defendant's drunkenness, whether it has caused actual damage, and his attitude of pleading guilty and repenting.
5. To handle criminal cases of drunk driving motor vehicles, we should strictly implement the relevant provisions of the Criminal Procedure Law, effectively protect the litigation rights of criminal suspects and defendants, and promptly investigate, prosecute and try them within the statutory time limit.
However, the last thing the article wants to tell you is that whether the suspect invites a lawyer will not affect the normal investigation and trial of criminal cases at all. The role of lawyers cannot be measured by size. Under normal circumstances, even if there is a lawyer's defense court, it is impossible not to pursue the criminal responsibility of drunk driving. For some people, it is useless to hire a lawyer without being exempted from punishment, which is a failure to face up to the role of lawyers in criminal cases.
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