Can I be arrested while on bail while driving drunk?

Will you still be detained if you are drunk driving on bail pending trial?

Legal Analysis: Drunk driving will be detained after being released on bail pending trial. Release on bail pending trial is only a compulsory measure in criminal proceedings, and does not mean that the case is closed, and whether or not to sentence needs to be determined by the court on the basis of the facts of the case and the law.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: 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.

According to the law, drunk drivers are no longer required to be detained after being released on bail, except for those who violate relevant regulations. Where a person released on guarantee violates the provisions on release on guarantee pending further investigation and needs to be arrested, the criminal suspect or defendant may be detained in advance.

[Legal basis].

Article 71 of the Criminal Procedure Law: Criminal suspects or defendants released on guarantee pending further investigation shall comply with the following provisions: (1) They must not leave the city or county where they live without the approval of the enforcement organ; (2) promptly appear at the time of arraignment; (3) shall not interfere with the testimony of witnesses in any form; (4) Evidence must not be destroyed or fabricated or colluded confessions. Where a criminal suspect or defendant released on guarantee pending further investigation violates the provisions of the preceding paragraph by already paying a guarantee deposit, the guarantee deposit is to be confiscated, and the criminal suspect or defendant is to be ordered to make a statement of repentance, pay a new guarantee deposit, submit a guarantor, or place them under residential surveillance, or arrest them.

If you are released on bail while intoxicated, you may still be detained, and whether you will be detained in the end and the length of the detention will depend on the court's decision. Release on bail pending further investigation is enforced by the public security organs and will not affect the final sentencing.

1. Release on guarantee pending further investigation refers to a compulsory measure in criminal proceedings whereby public security organs, procuratorates, courts, and other judicial organs order criminal suspects who have not been arrested or who need to change compulsory measures after arrest to avoid investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be summoned at all times, and that they will not be detained or temporarily released from detention.

2. If drunk driving is illegal, Article 91 of the Road Traffic Safety Law of the People's Republic of China stipulates:

1) Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan.

2) 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 not less than 1,000 yuan but not more than 2,000 yuan, and have their motor vehicle driver's license revoked.

3) 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, investigate criminal responsibility in accordance with the law, and shall not re-obtain the motor vehicle driver's license within five years.

4) 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 for five years.

5) Drunk driving of a motor vehicle, by the public security organ traffic management department to sober up, revoke the motor vehicle driver's license, criminal responsibility according to 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.

6) If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while drunk, and a crime is constituted, criminal responsibility shall be investigated according to 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.

3. The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation will not be a danger to society;

4) The period of detention is complete, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.