For drunk driving, how long is it necessary to be detained, and how much is the fine

Drunk driving is not a question of how many days of detention and how much yuan is fined, but how many months of imprisonment will be imposed by the court.

Depending on the blood alcohol content, the court will decide to sentence you to a detention sentence of up to six months and a fine of several thousand yuan.

The second paragraph of Article 133 of the Criminal Law 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 intoxicated on the road, shall be sentenced to short-term detention and a concurrent fine.

Supreme People's Court.

Supreme People's Procuratorate.

Ministry of Public Security's "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated":

1. Driving a motor vehicle on the road with a blood alcohol content of 80 mg to 100 ml or more is considered to be driving a motor vehicle while intoxicated, and is to be convicted and punished as the crime of dangerous driving in accordance with the provisions of paragraph 1 of Criminal Law article 133-1.

The relevant provisions of the Road Traffic Safety Law shall apply to the "roads" and "motor vehicles" provided for in the preceding paragraph.

2. In any of the following circumstances, driving a motor vehicle while intoxicated is to be given a heavier punishment in accordance with the provisions of paragraph 1 of Criminal Law article 133-1:

1) Causing a traffic accident and bearing full or primary responsibility for the accident, or escaping after causing a traffic accident, but not constituting another crime;

2) Blood alcohol content of 200 mg or more than 100 ml;

3) Driving on highways or urban expressways;

4) Driving a commercial motor vehicle carrying passengers;

5) Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates;

6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that have not yet constituted other crimes;

7) Those who have previously received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;

8) Other circumstances that may be given a heavier punishment.

Drunk driving is punishable by 6 months in prison. Article 133-1 of the Criminal Law stipulates that anyone who 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 occupants to carry passengers; Wait a minute.

Legal analysis: Anyone who drives a motor vehicle after drinking alcohol shall be detained for 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 within five years.

Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China stipulates that 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 investigate criminal responsibility in accordance with the law; A motor vehicle driver's license cannot be re-obtained within 5 years.

Whoever violates traffic and transportation regulations by causing a major accident as a result of a banquet, causing serious injury or death or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. "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, revoke the driver's license of the motor vehicle, 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 commercial motor vehicle after drinking alcohol shall be detained for 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.

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.

Legal analysis: driving a motor vehicle while intoxicated, revocation of driver's license, prohibition of re-obtaining driver's license for 5 years, criminal detention after judgment, and fines for driving a commercial motor vehicle with a fine of gin, revocation of driver's license, prohibition of re-obtaining a driver's license for 10 years, prohibition from driving a commercial vehicle for life, criminal detention after judgment, and a fine.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 91 Anyone who drives a motor vehicle after drinking alcohol shall be subject to a suspension of 6 months of motor vehicle driver's license and a fine of not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their motor vehicle driver's license revoked.

"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, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license cannot be re-obtained within 5 years. Anyone who drives a motor vehicle after drinking alcohol shall be detained for 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 within 5 years.

Summary. Hello, legal analysis: how to punish drunk driving and how long to detain:

Detention is usually 15 days, or 6 months. According to the newly revised Road Traffic Law, "a person who is punished for driving a motor vehicle after drinking alcohol and then drives a motor vehicle after drinking alcohol shall be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have his motor vehicle driver's license revoked". Therefore, the detention period for drunk driving may be 1 month or 6 months.

In addition, the driver's license will be revoked, and the driver's license will not be retaken for 5 years for non-commercial vehicles, and the driver's license will not be retaken for 10 years for commercial vehicles. If a drunk driver causes serious injury or death, he shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention.

Hello, legal analysis: how to punish drunk driving How long is detention: generally 15 days of detention, 6 months more.

According to the newly revised Road Traffic Law, "a person who is punished for driving a motor vehicle after drinking alcohol and then drives a motor vehicle after drinking alcohol again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have his motor vehicle driver's license revoked". Therefore, the detention period for drunk driving may be 1 month or 6 months. In addition, the driver's license will be revoked, and the driver's license will not be retaken for 5 years for non-commercial vehicles, and the driver's license will not be retaken for 10 years for commercial vehicles.

If a person is seriously injured or killed by drunk driving, he will be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention.

Legal basis: Article 91 of the Road Traffic Safety Law 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, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with the law; A motor vehicle driver's license may not be re-obtained within five years. If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain the person from drinking to soberness, revoke the driver's license of the motor vehicle, and investigate criminal responsibility in accordance with the 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.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, constituting a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.