1. When will the family be notified of the detention for drunk driving?
If a person is detained for drunk driving, the public security organ shall notify the family of the detained person within 24 hours after detention. Article 83 of the Criminal Procedure Law When a public security organ detains a person, it must produce a detention permit.
After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Second, should drunk driving be sentenced?
Article 133-1 of the Criminal Law 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.
According to the relevant provisions of China's criminal law, drunk driving a motor vehicle on the road constitutes a dangerous driving crime. At this time, if the alcohol content in the blood of the vehicle driver is greater than or equal to 80mg/ 100ml, it belongs to drunk driving.
Therefore, as long as the alcohol content of motor vehicle drivers is greater than or equal to 80mg/ 100ml and they are driving on the road, they can be sentenced according to law.
3. How long is the criminal detention?
If the public security organ considers it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within 3 days after detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submission for examination and approval may be extended by 1 to 4 days. With the approval of the person in charge of the public security organ at or above the county level, the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who have committed crimes on the run, repeatedly committed crimes or committed crimes in partnership.
The people's procuratorate shall, within 7 days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release the suspect after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Because the public security organs do not only have the power to detain local criminal suspects, if the criminal suspects are from other provinces, the drunk driving cases are more complicated, and the family members may not be notified in time within 24 hours after criminal detention for some special reasons, but these situations must be clearly written in the drunk driving case file.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 150 of the Procedures for Handling Administrative Cases by Public Security Organs.
If the public security organ makes a punishment of administrative detention, it shall promptly notify the family members of the punished person of the punishment and the place of execution. If the punished person refuses to provide the contact information of his family or there are other circumstances that cannot be notified, the public security organ may not notify him, but it shall indicate it in the decision.