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If the drunk driver is detained, the car can be picked up after the fine is paid and the detention expires.
The new Road Traffic Safety Law divides drunk driving into two grades: drunk driving and drunk driving, and increases penalties for drivers who drive commercial motor vehicles: those who drive a motor vehicle after driving a motor vehicle while driving while drunk shall be restrained by the traffic management department of the public security organ until they sober up, and their motor vehicle driving license shall be suspended for six months and fined not less than 1,000 yuan but not more than 2,000 yuan; Anyone who drives a motor vehicle under the influence of alcohol shall be restrained by the traffic management department of the public security organ until he sobers up, shall be detained for not more than 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.
Legal basis] According to the "Provisions on the Procedures for Handling Road Traffic Safety Violations", Article 26 The traffic police shall, within 24 hours after the vehicle is detained, hand over the impounded vehicle to the traffic management department of the public security organ to which it belongs.
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Hello, you have done what you should do, you should pay the fine, you should learn, you can satisfy the police, you can leave according to the regular process, you can get the car, you are a person, you don't drink and drive, you don't drink while driving, don't think about yourself, for your family. Be a civilized driver and a legal citizen. Hope.
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Hello, pay the fine, and pick up the car after the detention expires.
The new Road Traffic Safety Law classifies drunk driving into two levels: drunk driving and drunk driving, and increases penalties for drivers who drive commercial motor vehicles
Drunk driving test driving motor vehicle after drunk driving shall be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driver's license shall be suspended for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan;
Anyone who drives a motor vehicle under the influence of alcohol shall be restrained by the traffic management department of the public security organ until he sobers up, shall be detained for not more than 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.
1.Article 133 of the Criminal Law of the People's Republic of China: Article 133-1 Whoever drives a motor vehicle on a 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.
2.Article 22 of the Criminal Law of the People's Republic of China Amendment (8): One article is added after Article 133 of the Criminal Law to be Article 133-1:
Whoever drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a concurrent fine.
Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing. ”
3.Article 91 of the Road Traffic Safety Law of the People's Republic of China:
If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.
Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.
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For drunk driving detained when can be taken out, the driver should bring all the legal procedures for the temporary detention of the motor vehicle within 30 days, to the traffic management department to apply for collection, more than 30 days did not apply for collection, after 3 months of publicity has not applied for collection, will be auctioned according to law, auction proceeds will be handed over to the state in accordance with the law. Legal basis: In accordance with the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" Article 107 Where a motor vehicle is impounded in accordance with the provisions of Articles 92, 95, 96 and 98 of the Road Traffic Safety Law, the driver, owner or manager fails to provide a legal certificate of the impounded motor vehicle within 30 days, fails to go through the corresponding procedures, or does not come to accept the treatment, and does not come to accept the handling after being notified by the traffic management department of the public security organ and after 3 months of the announcement, The traffic management department of the public security organ shall send the motor vehicle to a qualified auction agency for auction, and the proceeds shall be handed over to the state treasury; Illegally assembled motor vehicles are to be dismantled; Attain.
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Not more than 20 days. The driver who was detained after drunk driving can take the car back after receiving the administrative punishment. The parties may also negotiate with the transportation department.
The detention of the vehicle is used to verify the vehicle, and the fixed period shall not exceed 20 days. More than 20 days, shall be reported to the traffic management department of the public security organ at the next higher level for approval, but the longest shall not exceed 60 days.
Article 38 of the Provisions on Procedures for Handling Road Traffic Accidents, the traffic management department of the public security organ shall agree with the inspection and appraisal agency on the time limit for the completion of the inspection and appraisal, and the agreed time limit shall not be approved by the traffic management department of the public security organ at the next higher level, but the maximum shall not exceed 60 days. Article 29, due to the need to collect evidence, the traffic management department of the public security organ may seize the items related to the accident, and issue a list of the items to be seized in duplicate, one copy of which shall be given to the seized items shall be properly kept. The period of seizure shall not exceed 30 days, and if the case is major or complex, it may be extended for 30 days with the approval of the person in charge of the public security organ at the same level or the person in charge of the traffic management department of the public security organ at the next higher level; Law.
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The car can be picked up within 15 working days.
According to the law, the traffic management department of the public security organ shall return the impounded vehicle in a timely manner in accordance with the law after the relevant certificates or formalities are verified by the parties concerned or the relevant certificates or formalities provided.
The time for verification by the traffic management department of the public security organ shall not exceed 10 days; If it is necessary to extend, it may be extended to 15 days with the approval of the person in charge of the traffic management department of the public security organ at or above the county level. The verification time is calculated from the date on which the driver, owner, or manager of the vehicle provides proof of the legal origin of the impounded vehicle, completes the corresponding procedures, or accepts the processing.
Legal basis: Article 30 of the "Provisions on the Procedures for Handling Road Traffic Safety Violations" shall be returned in a timely manner in accordance with the law after the relevant certificates or formalities are verified by the parties concerned to accept the handling or provide or reissue.
The time for verification by the traffic management department of the public security organ shall not exceed 10 days; If it is necessary to extend, it may be extended to 15 days with the approval of the person in charge of the traffic management department of the public security organ at or above the county level. The verification time is calculated from the date on which the driver, owner, or manager of the vehicle provides proof of the legal origin of the impounded vehicle, completes the corresponding procedures, or accepts the processing.
In the event of a road traffic accident, where it is necessary to detain the vehicle due to the collection of evidence, the time for detaining the vehicle shall be implemented in accordance with the relevant provisions of the "Provisions on Procedures for Handling Road Traffic Accidents".
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If you are drunk and have passed the detention period, you can pick up the car. 1. What materials do you need to pick up a car while drunk? Copies of ID cards, driving licenses, and driver's licenses are required; The period of detention for drunk driving must not exceed 30 days, and if the case is major or complicated, it may be extended for 30 days with the approval of the person in charge of the public security organ at the same level or the person in charge of the traffic management department of the public security organ at the level above; Except as otherwise provided by laws and regulations.
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Summary. Pay the fine, and pick up the car after the detention expires. The new Road Traffic Safety Law classifies drunk driving into two levels: drunk driving and drunk driving, and increases penalties for drivers who drive commercial motor vehicles
Drunk driving test driving motor vehicle after drunk driving shall be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driver's license shall be suspended for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan; Anyone who drives a motor vehicle under the influence of alcohol shall be restrained by the traffic management department of the public security organ until he sobers up, shall be detained for not more than 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.
I was drunk and the car was impounded, when can I bring the car out?
Pay the fine, and pick up the car after the detention expires. The new Road Traffic Safety Group Xian Pan Law divides drunk driving into two grades: drunk driving and drunk driving, and imposes heavier penalties on drivers who drive commercial motor vehicles: If a drunk driver drives a motor vehicle after driving a motor vehicle after a drunk driving test, the traffic management department of the public security organ shall restrain him until he sobers up, and his motor vehicle driver's license shall be suspended for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan; Anyone who drives a motor vehicle under the influence of alcohol shall be restrained by the traffic management department of the public security organ until he sobers up, shall be detained for not more than 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.
Hello, I'm on bail pending trial, do I still have to sentence later?
No, 15 days of detention is sufficient.
Hello, do you have to be detained for 15 days after being released on bail?
Can I not serve my sentence outside of prison if I am released on bail pending trial?
After being released on bail pending further investigation, they are still to be detained for 15 days, and when the period for serving their sentence outside of prison is reached, they are still required to be detained for 15 days.
Does that mean you have to spend 15 days in prison?
That's a detention center, don't worry, it's not a prison.
The problem was that I went to the detention center and lost my job.
I don't know if it matters, if you want 15 days, the normal process is 15 days.
If it's related, a case or something, maybe not.
Hello, are you a professional lawyer?
I'm not a lawyer, and I've been drunk driving. Hey.
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Drunk driving is generally detained within 30 days after the car can be picked up, but if there is no traffic accident, the staff can not let the suspect suspected of drunk driving drive back again, this kind of situation is the next day after notifying the family, the family can directly go to the traffic department where the car is detained to pick up the car with legal identity documents, so the time to pick up the car depends on the actual situation.
What is the procedure for traffic police to deal with drunk driving?
1. The police use a breathalyzer to test the party suspected of drunk driving, and preliminarily determine whether the driver has reached the level of drunk driving.
2. If the breath test result meets or exceeds the standard for drunk driving, the suspect will be given a blood test for the alcohol content in his body, and the measurement result will be issued through a more accurate measurement method.
3. If the blood test report shows that the alcohol content in the suspect's body reaches the standard of drunkenness, it will be filed and investigated as a criminal case, and different investigation methods will be carried out through the measurement results.
4. Employ early compulsory measures against criminal suspects in accordance with the law, and impose administrative punishments such as revocation of driver's licenses on criminal suspects, and transfer them for prosecution in accordance with law after the facts of drunk driving are clarified.
Is there a prison sentence for drunk driving?
Article 133-1 of the Criminal Law Whoever drives a motor vehicle on the road with a presence in the bare eye 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;
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If the drunk driver is detained, it can generally be collected within five days from the date of the determination of the appraisal and inspection opinion. According to the provisions, due to the need to collect evidence, the traffic management department of the public security organ may detain the accident vehicle, and within five days from the date of the inspection report and appraisal opinion, the traffic management department of the public security organ shall notify the person concerned to collect the impounded accident vehicle.
Article 39 of the Provisions on Procedures for Handling Road Traffic Accidents Due to the need to collect evidence, the traffic management department of the public security organ may detain the accident vehicle, Heng Dachan and issue a certificate of administrative compulsory measures. The impounded vehicle shall be properly kept. Article 58 of the Provisions on Procedures for Handling Road Traffic Accidents Within five days from the date of determination of the inspection report and appraisal opinion, the traffic management department of the public security organ shall notify the parties concerned to collect the impounded accident vehicle.
The expenses incurred due to the detention of the vehicle shall be borne by the traffic management department of the public security organ that made the decision, but the traffic management department of the public security organ shall notify the party concerned to collect it, and the parking fee incurred by the person concerned shall be borne by the party concerned if it fails to collect it within the time limit. If the vehicle is not collected after 30 days of notification to the parties, and it is still not collected within three months after the announcement, the impounded vehicle shall be dealt with in accordance with law.
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