Why should I be detained if drunk driving has no consequences, and can I keep my driver s license?

The law is unforgiving! Since 1 May this year, the "Eighth Amendment to the Criminal Law" and the "Decision of the Standing Committee of the National People's Congress on Amending the Road Traffic Safety Law of the People's Republic of China" have come into effect, increasing the punishment for drunk driving and other illegal acts. Among them, drunk driving, chasing and racing with aggravated circumstances constitute the crime of dangerous driving.

Those who drive 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 driving 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 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.

Those who drive a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until they sober up, and the motor vehicle driver's license shall be revoked, and criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall not be re-obtained within 5 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, revoke the driver's license of the motor vehicle, and shall be investigated for criminal responsibility in accordance with the law, and shall not re-obtain the driver's license for 10 years, and shall not drive the operating motor vehicle after re-obtaining the driver's license. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with 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 obtained for life.

In China, drunk driving is already listed as an offence. If there are no consequences, the corresponding punishment will be imposed, and the driver's license will be revoked in accordance with the law, and it cannot be obtained again within five years.

Article 91 of the Road Traffic Safety Law of the People's Republic of China: "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." Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

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 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.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with 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. ”

Hello, this depends on your severity, generally divided into revocation, suspension for three to five years, and a temporary deduction of 12 points for several months, etc.

Six points will be deducted for drunk driving, and twelve points will be deducted if it is drunk driving! It is not allowed to drive for one year.

Summary. Dear, even if you get bail, you need to have an approval time. Article 133 of the Criminal Law of the People's Republic of China clearly stipulates that 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.

Dear, even if you get bail, you need to have an approval time. Article 133 of the Criminal Law of the People's Republic of China clearly stipulates that 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, and 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 carrying passengers, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the provisions on the safety management of hazardous chemicals, endangering public safety.

The drunk driver was released on bail pending trial, saying that he could be released after 3 days of detention, but why couldn't he get out after 3 days.

Dear, it may be that the leader has not completed the signing procedures.

Because he said that he was only detained for 3 days.

Then why didn't you release it after 3 days?

Dear, it was possible to be administratively detained for the first 3 days, and then it was changed to criminal detention.

What does criminal detention mean.

It is detention after a criminal case has been filed.

That means you can't get out, you have to wait until **?

Dear, no, you can come out after you successfully apply for bail pending trial.

On the afternoon of Friday, I handed in all the materials for release on bail pending trial, saying that I could come out on Monday afternoon, but I don't know why I didn't come out.

Dear, I and the fierce man think that the approval materials for bail pending trial have not been completed, so they have not come out yet, you can wait patiently for a call to go under the bridge or contact the police officer handling the case to confirm.

Summary. Hello, if you are released on bail for drunk driving without a license, you will be detained again. Being released on bail does not mean that you are completely exempt from legal responsibility, but only temporarily free while awaiting trial. <>

Hello, after being released on unlicensed drunk driving bail, Feng Tuanwu will be detained again. Being released on bail does not mean that there is no legal liability altogether, but only that you are temporarily freed while waiting or awaiting trial. <>

Legal basis: According to Article 133 of the Criminal Law of the People's Republic of China, drunk driving without a license is a dangerous driving crime, and the maximum sentence is up to three years imprisonment and a fine; Revocation or suspension of driver's license.

Dear, drunk driving without a license is a serious offense, and bail out does not mean that you are exempt from legal sanctions. Drunk driving without a license is a serious violation of the law, endangering road traffic safety and the safety of other people's lives and property. [

Legal analysis: drunk driving is a criminal offense, and criminal liability should be investigated in accordance with the law, and civil compensation are two different concepts of the cave clan, therefore, after assuming criminal liability, civil liability should still be borne. Where the victim suffers economic losses as a result of the criminal act, the criminal shall be given a sentence of compensation for economic losses in addition to criminal punishment in accordance with law.

Legal basis: Criminal Law of the People's Republic of China Article 36: Where the victim suffers economic losses as a result of criminal conduct, the criminal shall be given criminal punishment in addition to lawful punishment, and shall be sentenced to compensate for economic losses based on the circumstances.

Where criminals who bear civil liability for compensation are concurrently sentenced to a fine, and their assets are insufficient to pay in full, or where they are sentenced to confiscate their property, they shall first bear responsibility for compensation for the victim's civil incidents.

Analysis of legal pretenses: drunk driving is a criminal offense, and criminal liability should be investigated in accordance with the law, which is two different concepts from civil compensation, so after assuming criminal responsibility, you should still bear civil liability for compensation. Where the victim suffers economic losses as a result of the criminal act, the criminal shall be given a sentence of compensation for economic losses in addition to criminal punishment in accordance with law, and shall be sentenced to compensation for economic losses based on the circumstances.

Legal basis: Criminal Law of the People's Republic of China: Article 36: Where the victim suffers economic losses as a result of criminal conduct, the offender shall be given criminal punishment in accordance with law, and shall be sentenced to compensation for economic losses based on the circumstances.

Where criminals who bear civil liability for compensation lack a record and are concurrently sentenced to a fine, and their assets are insufficient to pay in full, or where they are sentenced to confiscate their assets, they shall first bear civil liability for compensation to the victims.