How long is the sentence for drunk driving, and how long is it generally sentenced to prison if you

The facts of drunk driving are clear, the evidence is sufficient, and the sentence is generally relatively short, so the sentence will be quick and fast.

Under normal circumstances, it takes about a month from the time of being caught to the judgment of drunk driving.

Those who can be released on bail pending trial can generally be handled without other aggravating circumstances, and in Shenzhen, it is generally 1-3 months of criminal detention, and the sentence is basically suspended.

Dalian is generally about 1 to 3 months, and then the time is different in each area. All in all, theoretically it can't be more than five months, that's it.

The maximum penalty for drunk driving is up to 15 days' detention. Article 91 of China's "Road Traffic Safety Law" clearly stipulates that 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 shall be detained for not more than 15 days and have his motor vehicle driver's license temporarily detained for not less than three months but not more than six months.

If a drunk driver does not have a traffic accident, he will generally not be sentenced and will only be detained. Only those who have a serious traffic accident, such as causing death or serious property damage, will be held criminally liable and sentenced.

Drunk driving does not cause an accident and no sentence will be imposed.

If you are caught drunk driving, you can be sentenced in about 2 months.

Among them, the public security organs and the procuratorate are less than 2 months, and the court can try the case and make a judgment within 10 days.

Article 156 of the Criminal Procedure Law: The period of investigative detention after arrest of a criminal suspect must not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.

Article 172: The People's Procuratorate shall make a decision within one month on cases transferred for prosecution by the Supervision Organs and Public Security Organs, and may extend the period of 15 days for major or complicated cases; Where criminal suspects admit guilt and accept punishment and meet the requirements for applying the expedited procedures, a decision shall be made within 10 days, and where a sentence of more than one year imprisonment might be given, it may be extended to 15 days.

Article 220:In cases applying the simplified procedures at trial, the people's courts shall complete trial within 20 days of accepting it; Where a sentence of more than three years imprisonment might be given, it may be extended to one and a half months.

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:

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

Blood alcohol content of 200 mg or more than 100 ml.

Legal penalties for drunk driving.

1. Drunk driving shall be restrained by the public security organs until sobering up. Revoke the driver's license, investigate criminal responsibility in accordance with the law, and not re-obtain the driver's license within 5 years.

2. Driving a commercial vehicle while intoxicated shall be restrained by the public security organ until he sobers up. The driver's license of a motor vehicle shall be revoked, criminal responsibility shall be investigated in accordance with the law, and the driver's license shall not be re-obtained within 10 years. After obtaining a new driver's license, you are not allowed to drive a commercial vehicle.

3. If a major traffic accident occurs while drunk or drunk, and a crime is constituted, criminal responsibility shall be investigated in accordance with the law. The driver's license is revoked and the driver's license cannot be re-obtained for life.

Normally, hurry up and have no objection to the traffic police recorder, and the sentence will be imposed within a few days.

1.If you are sentenced to criminal detention for drunk driving, the time limit is from 1 month to 6 months, and in the case of multiple crimes, it cannot exceed 1 year.

2.Where drunk drivers are detained before the verdict is announced, one day of their sentence is to be deducted from their sentence.

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, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

If the perpetrator commits the crime of dangerous driving due to drunk driving, he will generally be sentenced to one to six months of criminal detention and a fine. Drunk driving refers to the behavior of driving a motor vehicle in a state where the person completely or partially loses his or her will to shout back due to drinking. A vehicle driver with a blood alcohol content greater than or equal to 80mg or 100ml is a drunk driver.

Criminal Law of the People's Republic of China

Article 133.

One. Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and shall also be fined:

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 provisions 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.

If the driver's blood alcohol content reaches 80 milliliters and the lack of 100 milliliters or more is drunk driving.

The penalties for drunk driving are revocation of driver's license, fines. Driving drunk and suspected of dangerous driving will be sentenced to up to six months of detention and a fine.

Drunk driving is generally punishable by detention for not less than one month but not more than six months.

Where the perpetrator drives a motor vehicle while intoxicated on the road, the crime of dangerous driving is constituted, and short-term detention and a concurrent fine are to be given. In addition, if the perpetrator chases and races while driving a motor vehicle on the road, and the circumstances are heinous, he shall be punished in accordance with the above provisions; Drunk driving has caused other harmful consequences, infringing on the interests of unspecified groups, and is suspected of endangering public safety by dangerous means, and is punishable by up to death.

1. 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 may not be re-obtained within five years.

2. 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; Within ten years, it is not allowed to re-obtain or verify a new motor vehicle driver's license, and after re-obtaining a motor vehicle driver's license, it is not allowed to drive a commercial motor vehicle;

3. 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.

To sum up, if drunk driving constitutes the crime of dangerous driving, it is generally sentenced to one to six months of detention and a fine. Drunk driving is the act of driving a motor vehicle in a state that results in total or partial loss of personal will due to the consumption of alcohol.

Legal basis]:

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 who 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 drunk group drives a motor vehicle under the influence of alcohol, the traffic management department of the public security organ shall restrain it until it 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. 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.