How to deal with drunk driving? How long is the detention?
1. According to the Road Traffic Safety Law of the People's Republic of China, if a driver is caught drunk, the public security traffic management unit of the public security department will restrain the driver until he wakes up. Revoke his motor vehicle driver's license and investigate his criminal punishment, and he cannot obtain a new motor vehicle driver's license within 5 years.
2. A drunk driver can't get a driver's license again within 10 years on the basis of canceling his driver's license, and he can't drive safely after getting a driver's license.
3. Drunk driving causes serious road traffic accidents and is suspected of committing a crime. In addition to revoking the driver's license and investigating its criminal punishment, it is impossible to obtain a motor vehicle driver's license again for life.
Criminal procedure law
How to understand the pursuit of perfect criminal punishment according to the rules? According to the Criminal Law of People's Republic of China (PRC), the details are as follows:
1. Whoever violates the policies and regulations on highway transportation management, thus causing a major road traffic accident, causing casualties or public or private economic losses, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
2. If the perpetrator commits a hit-and-run or other extreme personal behavior, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
3. Whoever causes death by hit-and-run shall be sentenced to fixed-term imprisonment of more than seven years.
Among them, detention and criminal detention are different. Detention refers to the detention of the investigated person in a detention center. Criminal detention, on the other hand, deprives criminals of their personal freedom in a short time, detains them on the principle of proximity and forces them to work.
1. Detention time: drunk driving, usually half a month, up to six months.
2. Time of criminal detention: generally, it is more than one month but less than six months.
Related examples
1June14th, according to Shanxi news information, taxi driver Li was drunk driving a motor vehicle and was arrested by the traffic police team in Yan 'an. After testing, the alcohol concentration of plum was 73mg/ 100ml. After that, Li was detained for 15 days and fined 5000 yuan; In addition, because taxis belong to operating vehicles, Li also lost his "job".
What are the hazards of drunk driving sentencing?
Do you think that drunk driving sentence is just as simple as driving a car all your life and running a car? The harm after sentencing goes far beyond this. Otherwise, how can you say that life is over? Details are as follows:
1. Keep the bottom of the file: those involved in criminal punishment will be kept in the file. Even after a long time, you can still see drunk driving in the file.
2. Obstruction at work: after being detained, he will not be able to serve as a teacher, judge, criminal defense lawyer and other public officials; You can't be the head of a state-owned enterprise or a people's organization. If you are already a civil servant, you may be fired. If you are an enterprise employee, the employer can choose to terminate the labor contract.
3. Obstacles to going abroad: In the case of applying for a visa to go abroad, many people in China will refuse to apply for a British visa for staff with criminal records. At this time, business processes such as handling visas for going abroad and studying abroad will be blocked.
4. Children are affected: in multinational state-owned enterprises and government departments, family employees must be politically censored. If children are employed at these levels, political censorship will also endanger their development prospects.
How long will you be detained for drunk driving?
In the case of detention, the detention permit will be examined and issued by the public security department at or above the county level after being tested in blood night and obtaining direct evidence of drunk driving. At this time, the traffic police team will inform the illegal elements, and they need to be detained from the moment they are informed.
If it is criminal detention, the criminal must be detained from the time of ruling. When detained, first detain, and one day of detention will be reduced to one day of fixed-term imprisonment.
Can the execution be suspended?
Yes, but it must meet certain standards, such as people under the age of 18, pregnant women, etc. Details are as follows:
1, the criminal was sentenced to criminal detention or imprisonment of not more than three years;
2. The circumstances of illegal crimes are relatively minor, mainly manifested in repentance for illegal crimes and the danger of recurrence;
3. If suspended, it will have a serious negative impact on the settled community.
The criminal is neither the main suspect nor an accessory.
When can I drive after drinking?
How long is it forbidden to drive after drinking? After all, everyone drinks different degrees of alcohol, takes different doses, and the body's ability to dissolve alcohol is different. As far as a glass of 350-500ml wine on the market is concerned, it takes at least 5-6 hours for the average person to drink it.
What are the ways to sober up and reduce alcohol content?
1, eat some food to pad the stomach before drinking to reduce the stimulation of alcohol on the stomach and reduce the water permeability of alcohol;
2. When drinking, you don't have to drink soda, and you have to slow down, you don't have to open your mouth to drink;
3. Eat some fresh fruit when you are drunk, or drink more juice to sober up.
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