Didn t you hit someone in jail when you were driving drunk?

Whether a drunk driver is in jail or not is not directly related to whether or not he hits someone.

Drunk driving, if there are no aggravating circumstances such as driving without a license, overcrowding and overloading, and drunk driving history, there is no need to go to jail.

If the blood alcohol content does not exceed 200 mg and 100 ml, if you are not fully or primarily responsible for the accident, you do not escape and do not need to go to jail.

Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated" II. 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.

Driving while intoxicated constitutes the crime of dangerous driving and is subject to criminal liability.

Article 133-1 of the Criminal Law Dangerous driving.

Anyone who drives a motor vehicle on a road in any of the following circumstances is to 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 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.

Whether or not to go to jail for driving and killing a person should be discussed according to the situation, depending on the responsibility and how many people were killed, and if the person killed and was mainly responsible for the accident, he should go to jail. If it is an accident, generally speaking, it does not constitute a crime, and the main purpose of covering the reed is to solve the problem of compensation. If the driver violates the law and seriously hits and kills someone, then it is difficult to avoid criminal liability.

Article 133 of the Criminal Law stipulates that whoever violates traffic and transportation management regulations, thereby causing a major accident, 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; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. In any of the following circumstances, a person shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: (1) where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident; (2) Where three or more people are killed, they bear equal responsibility for the accident; (3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 300,000 yuan or more.

Article 133 of the Criminal Law Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person 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 of the person who has merged the source; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

If the driver of a motor vehicle is drunk and drives a motor vehicle, and a traffic accident occurs, causing serious injuries to more than three people, the crime of causing a traffic accident is constituted and needs to be imprisoned. Where the perpetrator constitutes the crime of causing a traffic accident, he is to be sentenced to up to three years imprisonment or short-term detention.

[Legal basis].Article 133 of the Criminal Law.

Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Drunk driving hits a person is required to go to jail, because according to the regulations, if a drunk driver hits and injures a person, and the injury reaches more than serious injury and the driver bears the main or full responsibility, criminal responsibility must be investigated, and the person who is imprisoned shall be imprisoned, as follows:

1. Whoever violates traffic and transportation management regulations, thereby causing a major accident, 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;

2. Where a person escapes after causing a traffic accident or there are other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

3. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years;

4. One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;

5. If there are three or more deaths, the same responsibility shall be borne for the accident;

6. Causing direct losses to public property or other property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan. If the perpetrator is killed by a drunk driver and laughs and laughs, then under normal circumstances, the specific sentencing range can only be determined in combination with his responsibility in the accident. Under normal circumstances, if the person bears full or main responsibility for the accident, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

If the circumstances are aggravated, the penalty shall be imprisonment for a term of not less than three years but not more than seven years.

[Legal basis].

Article 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing a major accident, 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; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133-1.

Dangerous Driving] Whoever drives a motor vehicle on the road and encounters a pure sale in any of the following circumstances shall be sentenced to criminal detention and a 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 conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Those who pretend to be drunk and drive and kill people do not need to go to jail. According to the provisions of the Criminal Law of the People's Republic of China, driving a motor vehicle under the influence of alcohol and killing a person constitutes the crime of causing a traffic accident, and criminal responsibility shall be pursued in accordance with law and shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; In the sentencing file of fixed-term imprisonment of less than three years or short-term detention, the driver who meets the conditions for applying the Zhaoju suspended sentence may be given a suspended sentence, and those who are subject to a suspended sentence may not be imprisoned.

Article 133 of the Criminal Law of the People's Republic of China: Whoever violates traffic and transportation management regulations, thereby causing a major accident, 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; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Article 72 of the Criminal Law of the People's Republic of China: Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if the following conditions are met at the same time, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: (1) The circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.

You can't go to jail if you hit someone by a drunk driver, as follows:

1. According to the relevant laws of our country, it is a crime to drive a motor vehicle under the influence of alcohol and kill a person;

2. Criminal behavior, no matter what, will be investigated for criminal responsibility, so drunk driving will kill a person will go to jail.

The compensation standards for the death of a person killed by a drunk driver are as follows:

1. Personal injury compensation standards, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, ** expenses, follow-up expenses, funeral expenses, death compensation, transportation expenses, accommodation expenses and lost work expenses incurred by the victim's relatives for funeral matters;

2. The compensation standard for property damage shall be determined by the direct loss and indirect loss caused by the traffic accident;

3. The standard of compensation for moral damages shall be determined according to the specific circumstances of the parties, including the regional economic environment, the identity of the parties, and the family background of the parties.

Legal basis] Criminal Law of the People's Republic of China

Article 133 [Crime of Causing Traffic Accidents] Whoever violates traffic and transportation management regulations, thereby causing a major accident, 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; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

According to the provisions of China's criminal law, driving a motor vehicle under the influence of alcohol and killing a person is a criminal act, and no matter what, he will be investigated for criminal responsibility, so he will be imprisoned. According to Article 133 of the Criminal Law of the People's Republic of China, a person who violates traffic and transportation management regulations, resulting in a major accident, 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; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years and be blind.

You can't go to jail if you hit someone by a drunk driver, as follows:

1. According to the relevant laws of our country, it is a crime to drive a motor vehicle under the influence of alcohol and kill a person;

2. If you commit the crime of matching, you will be held criminally responsible no matter what, so you will go to jail if you hit someone by driving drunk.

The compensation standards for the death of a person killed by a drunk driver are as follows:

1. The compensation standard for personal injury of high-selling oaks, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies for relatives in hospitals, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, ** expenses, follow-up expenses, funeral expenses, death compensation, transportation expenses, accommodation expenses and lost work expenses incurred by the victim's relatives for funeral matters;

2. The compensation standard for property damage shall be determined by the direct loss and indirect loss caused by the traffic accident;

3. The standard of compensation for moral damages shall be determined according to the specific circumstances of the parties, including the regional economic environment, the identity of the parties, and the family background of the parties.

[Legal basis].

Criminal Law of the People's Republic of China

Article 133 [Crime of Causing Traffic Accidents] Whoever violates traffic and transportation management regulations, thereby causing a major accident, 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; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Drunk driving, did not hit people, caused an accident, as soon as the traffic police came, you will be finished, even if it did not cause an accident, it is quite dangerous, you can't joke with others and your own life, stay away from drunk driving, don't drink when driving, don't drink when you drink.

Where drunk driving has already been criminalized, but only driving a motor vehicle while intoxicated, it constitutes the crime of dangerous driving, and the criminal suspect shall be sentenced to short-term detention and a concurrent fine in accordance with the provisions of Article 133-1, Item 2 of the Criminal Law.

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 the motor vehicle shall be revoked within the law, and the 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.

"Drunk driving" is an offence that refers to driving a motor vehicle with a blood alcohol content greater than 80 milligrams per 100 millilitres. Specific treatment:1

Drunk 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.

According to Article 133-1 of the Criminal Law: "Whoever drives a motor vehicle on the road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, shall be sentenced to short-term detention and a concurrent fine." That is, driving a motor vehicle while intoxicated, regardless of whether the circumstances are heinous or whether it causes consequences, will be convicted of the crime of "dangerous driving", sentenced to criminal detention, and fined.

Ask a question about blood draw 146, what is the result, have you been detained, will you still be sentenced?

In other words, in this case, you will still be sentenced, and of course criminal detention is also a punishment.

Asking why it has been months without results.

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