Is there a prison sentence for drunk driving? A deposit of 10,000 yuan has been paid for release on

Drunk driving has been suspected of the crime of dangerous driving, and has already been released on bail pending further investigation, and has been found to be a criminal suspect, and shall be sentenced to short-term detention.

The crime of dangerous driving refers to driving a motor vehicle on the road: chasing and racing, and the circumstances are heinous; driving a motor vehicle while intoxicated; Engaging in school bus business or passenger transportation, seriously exceeding the quota of passengers or driving at a speed limit; Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Release on bail pending further investigation is a criminal compulsory measure provided for in the Criminal Procedure Law of the People's Republic of China. refers to a compulsory measure in criminal proceedings in which public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be available with the summons, and that they will not be detained or temporarily released from detention.

Article 133-1 of the Criminal Law stipulates: "Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing. ”

Hello, the Amendment (8) of the Criminal Law of our country stipulates that anyone who drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or who drives a motor vehicle while drunk on the road, shall be sentenced to criminal detention and a fine. Obviously, drunk driving constitutes a "dangerous driving crime" in China's criminal law, and as long as drunk driving, it can be criminalized and punished

Legal Analysis: Release on bail pending state with a trial will be carried out by the public security organs. In general criminal cases, according to the different circumstances of the case, the standard for the amount of security deposit can be determined at 1,000 yuan.

Legal basis: Article 83 of the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs stipulates that the minimum amount of a guarantee deposit for a criminal suspect is 1,000 yuan.

The specific amount shall be determined by comprehensive consideration of circumstances such as the need to ensure that litigation activities are properly registered, the criminal suspect's danger to society, the nature and circumstances of the case, the severity of the punishment that might be given, and the criminal suspect's economic status.

When a drunk driver is released on bail pending trial, he may pay a security deposit or provide a guarantor.

You will need to pay a security deposit or provide a guarantor at the time of application. If the deposit is paid, the minimum amount of the deposit is RMB 1,000.

The guarantor must meet the following criteria:

1) The first attack is not implicated in the case;

2) Have the ability to fulfill the obligation of guarantee;

3) Enjoy political rights and have not had their personal liberty restricted;

4) Have a fixed place of residence and income.

Legal basis] Article 68 of the Criminal Procedure Law, the people's courts, people's procuratorates, and public security organs shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit when deciding to release a criminal suspect or defendant on guarantee pending further investigation.

Legal analysis: The amount of the security deposit is related to the local standard of living, and the general case security deposit is one to twenty thousand. Drunk driving on bail pending trial requires a security deposit, the amount is generally about 2,000 yuan, and the amount of this security deposit should be determined according to the specific circumstances of the case, but the minimum should be no less than 1,000 yuan.

Bail pending trial is carried out before the court hearing, and if drunk driving constitutes dangerous driving, it is generally punishable by six months of detention and a fine. If drunk driving is not a significantly minor circumstance and is not considered to constitute a crime of omission, then the criminal responsibility of drunk driving will usually be investigated in accordance with the law. Therefore, the public security organs may take measures of criminal detention or arrest against drunk drivers in accordance with the law, and although bail pending trial is also allowed at this time, the prescribed conditions need to be met, and at the same time, a bond or a guarantor must be paid.

Basis for legal excavation: Criminal Procedure Law of the People's Republic of China

Article 72: The organ making the decision on release on guarantee shall comprehensively consider the need to ensure the normal conduct of litigation activities, the danger to society of the person released on guarantee, the nature and circumstances of the case, the severity of the punishment that might be given, the economic status of the person released on guarantee, and other circumstances, to determine the amount of the guarantee deposit and make a judgment on the split. The person providing the guarantee deposit shall deposit the guarantee deposit into a special account at the bank designated by the enforcement organ.

Article 73: Where criminal suspects or defendants have not violated the provisions of article 71 of this Law during the period of release on guarantee pending further investigation, at the end of the release on guarantee, they are to go to the bank to collect the returned guarantee deposit on the basis of the notice of release on guarantee pending further investigation or relevant legal documents.

The security deposit for drunk driving on bail pending trial should generally be more than 1,000 yuan. This is because the starting point of the security deposit is 1,000 yuan, but if the suspect is a minor, the starting amount of the security deposit is 500 yuan.

[Legal basis].Article 87 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs.

The minimum amount of the deposit for criminal suspects is 1,000 yuan. If the criminal suspect is a minor, the minimum amount of the deposit is 500 RMB. The specific amount shall be determined by comprehensive consideration of circumstances such as the need to ensure the normal conduct of litigation activities, the danger to society of the criminal suspect, the nature and circumstances of the case, the severity of the punishment that might be given, and the criminal suspect's economic situation.

Article 68 of the Criminal Procedure Law of the People's Republic of China.

People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Article 133-1 of the Criminal Law of the People's Republic of China.

Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and shall also be fined:

2) Driving a motor vehicle while intoxicated;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

1. According to the judicial interpretation, in general criminal cases, the amount of the security deposit can be determined to be between 2,000 yuan and 50,000 yuan according to the different circumstances of the case, and this provision is also applicable to the release on bail pending trial for drunk driving, and the guarantee amount will generally be determined between 2,000 yuan and 20,000 yuan.

2. [Legal basis].

3. Article 73 of the Criminal Procedure Law stipulates that if a criminal suspect or defendant does not violate the provisions of Article 71 of this Law during the period of release on guarantee pending further investigation, at the end of the release on guarantee pending further investigation, he or she shall go to the bank to collect the returned security deposit with the notice of release on guarantee pending further investigation or relevant legal documents.