The sentence for drunk driving usually takes three months and will be executed immediately after the judgment takes effect. Drunk driving a motor vehicle constitutes a crime of dangerous driving, which is punishable by criminal detention and a fine. Whoever violates traffic regulations and has a major accident, causing serious injury or death to others or causing heavy losses to public or private property, constitutes a traffic accident crime and is sentenced to fixed-term imprisonment of not more than three years or criminal detention.
1. How long is the sentence after drunk driving?
Under normal circumstances, the judgment of the people's court will be executed immediately after it takes effect. In violation of traffic regulations, a major accident occurs, causing serious injury, death or heavy losses to public or 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.
Second, the minimum sentence for drunk driving is several months.
Drunk driving a motor vehicle constitutes a crime of dangerous driving, which is punishable by criminal detention and a fine. The term of criminal detention is from one month to six months. If a serious accident occurs due to drunk driving, causing serious injury or death or causing heavy losses to public or private property, he 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.
3. How long is the penalty standard for drunk driving?
Drunk driving a motor vehicle on the road constitutes a crime of dangerous driving, and shall be sentenced to criminal detention and fined.
Drunk driving causes serious injuries, death or heavy losses to public or 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.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 208 of the Criminal Procedure Law
When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.
Article 133 of the Criminal Law of People's Republic of China (PRC)
In violation of traffic regulations, a major accident occurs, causing serious injury, death or heavy losses to public or 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
Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to criminal detention and fined: (1) Chasing racing and 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.
Article 156 of the Criminal Procedure Law of People's Republic of China (PRC)
The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.