Should drunk driving be detained immediately? Many people believe that drunk driving is immediately detained on the spot. I believe everyone should have a certain understanding of the process or process of trying prisoners in court, because many legal programs will have corresponding video clips circulated. Let’s see if the drunk driver will be detained immediately.
The drunk driver will be detained immediately. The drunk driver will not be detained at the time, but the drunk driver will be sentenced. But they are generally not detained. A week later, the results of the alcohol test came out and he met the standard for drunk driving. He was released on bail pending trial, and then the court pronounced his sentence.
Drunk driving:
Driving a motor vehicle while drinking alcohol will result in a fine of 1,000-2,000 yuan, 12 points, and a driver’s license suspended for 6 months; driving a motor vehicle while drinking alcohol will result in a fine of 5,000 yuan , recorded 12 points, detained for less than 15 days, and not allowed to obtain a driver's license again within 5 years.
Drunk driving:
Those who drive a motor vehicle while drunk will have their driver’s license revoked and will not be able to obtain a new driver’s license within 5 years. After the verdict, he will be sentenced to criminal detention and fined; if he drives a commercial motor vehicle while drunk, his driver's license will be revoked, he will not be able to obtain a new driver's license within 10 years, and he will not be able to drive a commercial vehicle for life. After the verdict, he was sentenced to detention and fined.
Article 91. Anyone who drives a motor vehicle after drinking alcohol shall be suspended for six months and fined not less than 1,000 yuan but not more than 2,000 yuan. Anyone who is punished for driving a motor vehicle after drinking alcohol or driving a motor vehicle after drinking alcohol again shall be detained for not more than ten days, fined not less than 1,000 yuan but not more than 2,000 yuan, and the motor vehicle driving license shall be revoked.
Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to obtain a motor vehicle driving license again within five years.
Anyone who drives a motor vehicle after drinking alcohol will be detained for 15 days, fined 5,000 yuan, his motor vehicle driving license revoked, and he will not be able to obtain another motor vehicle driving license within five years.
Anyone who drives a motor vehicle while drunk shall be restrained by the traffic management department of the public security organ until he is sober, his motor vehicle driving license shall be revoked, and he shall be investigated for criminal liability in accordance with the law; he shall not be allowed to obtain a motor vehicle driving license again within ten years, and shall not obtain a motor vehicle driving license again within ten years. No one is allowed to drive or operate a motor vehicle after obtaining a driver's license.
If a serious traffic accident occurs while driving a motor vehicle after drinking alcohol or intoxicated, and a crime is constituted, criminal liability shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driving license, and shall not obtain a new motor vehicle driving license for life.
Any kind of illegal and criminal behavior in our country requires a very careful investigation process, because there can be no unjust, false or wrong cases. Although it was an act of drunk driving on the spot, it still requires a series of investigation procedures. It is impossible to say that the suspect was detained on the spot.
Should drunk driving be detained immediately? 2. Are drunk driving cases directly detained after trial?
If it is drunk driving, it has constituted the crime of dangerous driving. According to the provisions of our country's criminal law, you will be detained and fined. Whether he will be immediately detained and sent to a detention center after the court's ruling depends on the court's decision:
1. If the court sentences him to detention or probation, he will not be arrested and certainly will not be sent to a detention center. .
2. If the court does not impose a suspended sentence, they will be arrested immediately after the court announces the verdict and sent to a detention center.
2. Judgment criteria for drunk driving and drunk driving
1. Judgment criteria for drunk driving
Judgment criteria for drunk driving: The alcohol content in the driver's blood is greater than or equal to 20mg /100mL, driving behavior less than 80mg/100mL.
According to calculations, under normal circumstances, after drinking 350mL (about 1 small bottle) of beer or half a bottle of liquor (20ml), the blood alcohol concentration can reach 0.02 (20mg/100ML), which meets the penalty conditions for drunk driving. .
According to the provisions of the new traffic law: Anyone who drives a motor vehicle after drinking alcohol will be subject to a temporary suspension of the motor vehicle driving license for not less than 1 month but not more than 3 months, and a fine of not less than 200 yuan but not more than 500 yuan, and 6 points will be recorded. The legal penalties for drunk driving and operating a motor vehicle are more severe: drunk driving will be suspended for three months, fined 500 yuan, and demerited 12 points.
2. Drunk driving
The criterion for drunk driving is a driving behavior in which the alcohol content in the driver’s blood is greater than or equal to 80mg/100mL. According to the national "Threshold and Detection of Alcohol Content in the Blood and Breath of Vehicle Drivers" regulations, drivers whose blood alcohol content reaches 20-80 mg in 100 ml of blood are considered drunk driving, and drivers who exceed 80 mg are considered drunk driving.
Blow test is not included in the determination of drunk driving. According to the evidence collection standards in criminal cases, drivers suspected of drunk driving must have their blood drawn to collect evidence. Checking the data of alcohol monitoring equipment during drunk driving is only one way for traffic police to judge drunk driving in the early stage. Expert conclusions are made by comparing the alcohol content in the suspect's body.
Third, new regulations on drunk driving and drunk driving penalties
1. Anyone who drives drunk will be issued a six-month driver's license and fined not less than 1,000 yuan but not more than 2,000 yuan. Those who have been punished for drunk driving or drunk driving again will be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and their driver's licenses will be revoked.
2. Driving under the influence of alcohol and being persuaded to drink by the public security organs. Anyone whose machine driving license is revoked will be held criminally responsible in accordance with the law and will not be allowed to obtain a driving license again within 5 years.
3. Anyone who drives a commercial vehicle after drinking alcohol will be detained for 15 days, fined 5,000 yuan, his driver's license revoked, and he will not be able to obtain a new driver's license within 5 years.
4. Anyone who drives a commercial vehicle after drinking will be sobered up by the public security organ. Anyone whose motor vehicle driving license is revoked shall be held criminally responsible in accordance with the law and shall not be allowed to obtain a driving license again within 10 years. After re-obtaining a driver's license, you are not allowed to drive a commercial vehicle.
5. If a person is drunk or drunk and drives, and a major traffic accident occurs, which constitutes a crime, he will be held criminally responsible in accordance with the law. If a driver's license is revoked, he or she will not be able to obtain a new driver's license for life.
Drunk driving refers to driving after drinking alcohol, and drunk driving refers to driving a vehicle after being completely drunk. Drunk driving is more serious than drunk driving and will generally lead to immediate detention. If there is any behavior that results in a criminal offense, the punishment needs to be based on the judge's decision.
Should drunk driving be detained immediately? 3. Is drunk driving a direct detention?
Generally, the driver's license and fine will not be directly deducted for the first drunk driving offense, but the driver's license and fine will be suspended directly for the second drunk driving offense.
Article 91 of the "Road Traffic Safety Law" Anyone who drives a motor vehicle after drinking alcohol shall be detained for six months and fined not less than 1,000 yuan but not more than 2,000 yuan. Anyone who is punished for driving a motor vehicle after drinking alcohol or driving a motor vehicle after drinking alcohol again shall be detained for not more than ten days, fined not less than 1,000 yuan but not more than 2,000 yuan, and the motor vehicle driving license shall be revoked.
Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be investigated for criminal liability in accordance with the law; he will not be allowed to obtain a motor vehicle driving license again within five years.
Article 101. Anyone who violates road traffic safety laws and regulations and causes a major traffic accident, constituting a crime, shall be investigated for criminal liability in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driving license.
Anyone who escapes after a traffic accident shall have his motor vehicle driving license revoked by the traffic management department of the public security organ and shall not be able to obtain a new motor vehicle driving license for life.
The above is the relevant knowledge I have compiled for you. If your situation is more complex, online lawyer consultation services are also available. We welcome your legal consultation.
I have sorted out your question about whether to be detained directly after drunk driving. Anyone who drives a motor vehicle while drunk will be restrained by the traffic management department of the public security organ until he sobers up, his motor vehicle driving license will be revoked, and he will be held criminally responsible in accordance with the law. You are not allowed to obtain a motor vehicle driving license again within ten years, and you are not allowed to drive or operate a motor vehicle after obtaining a motor vehicle driving license again.