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Drunk drivers shall be detained until the punishment for the driver's illegal acts is completed.
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 detained vehicle to the traffic management department of the public security organ to which it belongs.
If the traffic management department of the public security organ detains the vehicle, it shall not detain the goods contained in the vehicle. The goods contained in the vehicle shall be notified to the parties to dispose of themselves, and if the parties are unable to dispose of them or do not dispose of them on their own, they shall be registered and properly kept, and the items that are perishable, damaged, lost or otherwise do not have the conditions for custody shall be sold or auctioned after taking pictures or videos with the approval of the person in charge of the traffic management department of the public security organ at or above the county level, and the proceeds from the sale or auction shall be disposed of in accordance with the relevant provisions.
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1. Simple drunk driving is generally deducted for 10 days, and the longest is 15 days. The driver pays the fine and the owner gets the vehicle back. If the driver and the owner are the same.
The vehicle can only be retrieved after detention. According to Article 28 of the Provisions on the Procedures for Handling Road Traffic Safety Violations, "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 or reissued." 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 can 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. "2. In the event of a road traffic accident, it is generally 30 days, but it can be extended to 60 days. According to paragraph 2 of Article 29 of the Provisions on Procedures for Handling Road Traffic Accidents, "the period of detention shall 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 next higher level; Except as otherwise provided by laws and regulations. ”
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If the car is impounded for drunk driving, it is generally about a month. Let's just say that he will first file a case for you, and after the case is filed, do you think it will be released on bail pending trial or directly sentenced? As long as your case is dealt with, the car can be brought up because the car is innocent and it is mainly against the person.
Ask someone to drive my car drunk driving When will I be able to take it out and answer Well, after he finishes handling the matter in the traffic police team, he will give you a vehicle release slip, and he will pick up the car with that list, generally speaking, it will take about half a month to a month.
Question: Do I need to pay a fee to pick up the car?
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Drunk driving: 1Drunk driving will have their driver's license revoked and they will be banned from driving for 5 years.
2.Driver's license will be revoked for driving a motor vehicle while driving while intoxicated, and the driving ban will be imposed for 10 years and criminal responsibility will be investigated in accordance with the law; After obtaining a new driver's license, you are not allowed to drive a commercial motor vehicle.
DUI: 1If a major traffic accident occurs while drunk driving, criminal responsibility shall be investigated in accordance with the law, and the driver's license shall be revoked and the driver shall be banned for life.
2.drunk driving is fined between 1,000 yuan and 2,000 yuan, and the driver's license is suspended for 6 months; He was detained for 10 days for drunk driving, fined 2,000 yuan, and had his driver's license revoked.
3.drunk driving of a motor vehicle, detention for 15 days, a fine of 5,000 yuan, suspension of driving and a 5-year driving ban.
3. Penalty standards for drunk driving and drunk driving.
If you drive a motor vehicle into the central area of the city after drinking alcohol with an alcohol content of 20mg 40mg 100ml or drink alcohol, your driver's license will be temporarily suspended for 1-2 months and you will be fined 300 yuan;
If the alcohol content is 60mg 80mg 100ml or is punished for drinking and driving for the second time within one year, the driver's license will be temporarily detained for 3 months and fined 300 yuan;
If the alcohol content is 80mg 1000mg 100ml or the drunk driving motor vehicle enters the central area of the city, he shall be detained for 15 days, and his driver's license shall be suspended for more than 3 months and 6 months, and a fine of 1,500 yuan shall be imposed;
If the alcohol content is greater than 100mg 100ml or the drunk driving motor vehicle enters the central area of the city, he shall be detained for 15 days, his driver's license shall be suspended for 6 months, and a fine of 1,500 yuan shall be imposed;
The penalty standards for driving a commercial motor vehicle under the influence of alcohol are different: driving after drinking alcohol will be temporarily detained for 3 months, and a fine of 500 yuan will be imposed; Drunk driving detention for 15 days, suspension of 6 months of driver's license, and a fine of 2,000 yuan.
Depending on your specific situation, different penalties are given!!
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Legal analysis: 60 days. drunk driving, suspected of a criminal offense; If the vehicle needs to be tested, it will be normal for 20 days and up to 60 days; If it is found to be unrelated to the case, it shall be returned within 3 days.
Simple drunk driving is generally deducted 10 days, and the maximum is 15 days. In the event of a road traffic accident, it is generally 30 days, but it can be extended to 60 days.
Legal basis: Article 28 of the "Provisions on the Procedures for Handling Road Traffic Safety Violations" shall be returned in a timely manner in accordance with the law for the impounded vehicles that the parties have accepted the handling or provided or reissued relevant trouser group certificates or formalities that have been verified.
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 judgment 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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Legal analysis: drunk driving vehicles can be released within 15 working days after being detained, but the fine is to be paid, the general fine is 2,000 yuan, the drunk driving detention is 15 days, and the driver's license is revoked.
Legal basis: 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 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 the conduct in the preceding two paragraphs constitutes other crimes at the same time, follow the provisions of the heavier punishment for conviction and punishment.
Threshold and test of the alcohol content of the driver's blood, spring attack and exhalation》 Alcohol content threshold.
The threshold of blood alcohol content of vehicle drivers who have drunk alcohol or drive while intoxicated is shown in Table 1.
Table 1 Threshold of blood alcohol content of vehicle drivers.
Driving behavior category thresholds.
Driving behavior category threshold (mg 100ml).
Drinking alcohol and driving 20, 80
Driving while drunk 80
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