I was not detained for drunk driving at the time, and will I be detained later?

1. Driving a motor vehicle while intoxicated is a crime and constitutes the crime of dangerous driving. After a court trial, they will be sentenced and will need to go to jail.

2. When they are discovered, they are not detained, but only the issue of taking criminal coercive measures. It does not affect the filing of criminal cases by public security organs, the review of prosecution by procuratorates, and the trial and judgment of courts.

3. Finally, if the court finds that the crime of dangerous driving is constituted, it will be sentenced to one to six months of criminal detention and transferred to the local detention center to enforce the punishment. (If the conditions for applying a suspended sentence are met, a suspended sentence may be applied, and the local judicial bureau is responsible for enforcement.) ）

Criminal law. Article 133-1 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, 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.

Drunk driving must be sentenced! Don't listen to a bunch of nonsense from guys who don't know how to pretend to understand! Drunk driving, depending on the circumstances of the case, can be detained or released on bail pending trial, not necessarily detention.

Opinions of the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security on Several Issues Concerning the Application of Law in Criminal Cases of Driving Motor Vehicles While Intoxicated.

VII. In criminal cases of driving a motor vehicle while intoxicated, the relevant provisions of the Criminal Procedure Law shall be strictly enforced, truly protecting the procedural rights of criminal suspects or defendants, and promptly investigating, prosecuting, and trying within the legally-prescribed time limit for litigation. Criminal suspects or defendants who drive a motor vehicle while intoxicated may be detained or released on guarantee pending further investigation based on the circumstances of the case.

Legal Analysis: Drunk driving a motor vehicle is caught on the spot, but the public security organs do not immediately make a decision to detain him, and criminal detention can still be imposed afterwards. Because at this time, the perpetrator has already violated the provisions of China's criminal law, and it is an illegal and criminal act.

According to article 91 of the Criminal Procedure Law, the judicial organs may criminally detain criminal suspects who meet the requirements.

Legal basis: Article 91 of the Criminal Procedure Law of the People's Republic of China: Where a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of detention.

Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.

The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

If you are not detained for drunk driving at the time, you will not be detained again as long as you do not commit it again. If the person is seriously intoxicated and is temporarily unfit for detention, the family will be released on bail pending trial after the evidence is collected, awaiting trial.

Legal analysisIf you were not detained for drunk driving at the time, as long as you don't commit it again, you won't be detained again in the future. If the driver drives a motor vehicle while intoxicated, the driver will be restrained by the traffic management department of the public security organ until he sobers up, and the motor vehicle driver's license will be revoked, and then he will be investigated for criminal responsibility. You cannot reapply for a driver's license for 5 years.

Those who drive after drinking alcohol will be detained for 15 days, fined 5,000 yuan, have their motor vehicle driver's license revoked, and cannot re-obtain a motor vehicle driver's license for 5 years. Because at this time, the perpetrator has already violated the relevant regulations of our country, which is an illegal and criminal act. According to the provisions of relevant laws, the judicial organs may criminally detain criminal suspects who meet the requirements.

In other words, drunk driving was not detained at the time and can be detained later. Moreover, those who are found to be drunk driving also need to bear corresponding criminal responsibility. Specifically, the perpetrator needs to be detained for more than one month and not more than six months.

It should be noted that in the case of criminal detention, the public security organs shall notify the perpetrator's family within 24 hours of the detention.

Legal basisRoad Traffic Safety Law of the People's Republic of China Article 91 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.

Summary. Drunk driving is not detained at the time, drunk driving is a crime and needs to be criminally punished, but generally will not be detained, wait for a week, the results of the alcohol test come out, meet the drunk driving standard, will be released on bail pending trial, and then wait for the court to sentence. If a major accident occurs while driving while intoxicated, a criminal penalty shall also be imposed.

Drunk driving is not a crime at that time, drunk driving is a crime and needs to be criminally punished, but it is generally not detained, and it will be released on bail pending trial after a week of sleepiness, and the results of the alcohol test come out and meet the drunk driving standard, and then wait for the court to sentence. If a major accident occurs while driving while intoxicated, a criminal penalty shall also be imposed.

At that time, the drunk driver stopped without deducting the license, nor was he detained, and the blood test did not know what to do.

Do you drink too much?

If it is determined that it is drunk driving, it will be troublesome.

The blowing is 137 and there is no community.

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 motor vehicle driver's license 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 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained. If a person drives a motor vehicle after drinking alcohol or is drunk and causes a major traffic accident, he or she shall not be allowed to re-obtain a motor vehicle driver's license for the rest of his life.

So how to deal with it? Teacher.

Blowing 137mg 100ml and blood alcohol test 79mg 100ml are considered drunk driving.

This is not considered drunk driving, dear.

Because I don't know what to do.

Did you get caught by the traffic police from the car?

Well, the traffic police asked me to deal with it at 9:00 am today, what should I do teacher.

The processing process is complicated, and you need to give you a detailed explanation, and I will see if there is any possibility of getting rid of the crime, and I need some details, can you upgrade this service?

Drunk driving penalty first step: blood draw. Wait for the blood test report, about four to five macro days. (According to the drunken state of the day, before the blood report comes out, you need to find a relationship to hurry up.)

The first step in the punishment of drunk driving is to draw blood. Wait for the blood test report, about four to five days. (According to the drunken state of the day, before the blood report comes out, you need to find a relationship to hurry up.)

The third step of drunk driving punishment: the traffic police team informs the household registration police station to apply for bail and bury Qin (a deposit of 10,000 yuan is required). The police station will designate the GPS mobile phone number and keep the status of calling and answering.

This procedure is completed quickly in one day, two days slower, according to personal circumstances, every day on the 26th of the month to report to the office, and handwritten a report of thinking and trembling.

Tell me about your specific situation, and I will see if the conditions for detention are met, and you may be detained when you go to deal with it.

Teacher: The traffic police told me to go to the traffic police at 9 o'clock this morning, what should I do?

Did you receive your ID card and driver's license?

Bring your ID card, driver's license, and driving license first.

Start by getting a blood test report.

Legal Analysis: At that time, it was not determined that he would not be detained as long as he did not commit another crime in the future. 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 drive 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. 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 cannot be re-obtained within 5 years. 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.

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 driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license shall not be re-obtained within 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, the motor vehicle driver's license cannot be re-obtained for life.

Legal basis: According to 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 be subject to a temporary 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 drive a motor vehicle after drinking alcohol again shall be detained for up to 10 days and fined not less than 1,000 yuan but not more than 2,000 yuan, and the motor vehicle driver's license shall be 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 cannot be re-obtained within 5 years. 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 commercial motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until they sober up, revoke the driver's license of the motor vehicle, and pursue the responsibility of criminal repentance in accordance with law; A motor vehicle driver's license shall not be re-obtained within 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, the motor vehicle driver's license cannot be re-obtained for life.