Will you still be sentenced after being released on bail for drunk driving?

Legal Analysis: Release on bail pending further investigation refers to a criminal compulsory measure taken by the investigation, prosecution and adjudication organs in the course of criminal proceedings to order a person who has been criminally prosecuted but has not been criminally detained to provide a guarantor or pay a guarantee deposit and issue a letter of guarantee to ensure that he is always on the line. In general, it is less likely that a person will be sentenced to a real sentence after being released on bail pending trial, but specific cases need to be analyzed on a case-by-case basis.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 67: Requirements and Enforcement for Release on Guarantee Pending Further Investigation The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) They might be sentenced to controlled release, short-term detention, or independently apply supplementary punishments; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Legal Analysis: If drunk driving does not constitute a criminal act, or there is a statutory non-prosecution of criminal liability, no sentence will be imposed. Legal basis:

Opinions of the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security on Handling Cases of Applying Law in Cases of Drunk Driving》 Article 7: The relevant provisions of the Criminal Procedure Law are to be strictly pursued administratively for handling disputes over induced prosecutions for drunk driving, and the procedural rights of informants and parties to legal proceedings are to be promptly handled within the statute of limitations for investigations, brides, and trials. Suspects or spectators who are driving while intoxicated or are suspects may hide them according to the circumstances. can be placed under residential surveillance.

Criminal suspects or directors who violate provisions on release on guarantee pending further investigation or residential surveillance, where the circumstances are serious, may bear it.

If a drunk driver reaches the level of drunk driving and is suspected of constituting the crime of dangerous driving, whether he will be sentenced to prison after being released on bail pending trial will still need to be tried by the people's court, and release on bail pending trial is only a criminal coercive measure, not criminal liability. In addition, one of the principles followed in criminal proceedings is that a crime may not be found to be a crime without a trial by a people's court.

According to Article 133 of the Criminal Law, drunk driving is suspected of dangerous driving and is punishable by criminal detention and a fine. Release on bail pending trial is a temporary coercive measure, but a suspended sentence may be obtained.

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Issues Concerning the Application of Criminal Compulsory MeasuresWhere the People's Procuratorate decides to take measures of release on guarantee pending further investigation against a criminal suspect, it shall hand it over to the public security organs for enforcement after announcing it to the criminal suspect.

According to the provisions of the Criminal Procedure Law, release on bail pending further investigation refers to a compulsory method whereby the three organs of the public security, procuratorate, and law order a criminal suspect or defendant to provide a guarantor or pay a guarantee deposit in accordance with the law in criminal proceedings, so as to guarantee that the criminal suspect or defendant will not evade investigation and trial, and that the criminal suspect or defendant will be summoned at any time. Such coercive measures can not only prevent criminal suspects and defendants from being detained, make them take care of their families or engage in their original work and labor, and do something beneficial to society, but also make them feel that the state and society care for them, and can also reduce the state's expenses for the living and management expenses of detainees, thereby reducing the pressure on the work of detention facilities.

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

Drunk driving is suspected of dangerous driving, and is sentenced to criminal detention and a fine.

After drunk driving on bail pending trial, a criminal penalty will still be imposed. Driving a motor vehicle while intoxicated on the road constitutes the crime of dangerous driving, and at this time, it is necessary for the driver of the vehicle to have a blood alcohol content greater than or equal to 80mg 100ml, which is drunk driving. Therefore, as long as the alcohol content of the motor vehicle driver is greater than or equal to 80mg 100ml, and he drives on the road, then he can be sentenced according to law.

The maximum sentence is six months' detention. I was in the same situation as you last year, I was drunk on a motorcycle, and there was no accident at night, and I was reported by others. Because when the traffic police team called me to apply for bail pending trial, ** couldn't get through and didn't contact me, they set me up for online pursuit.

Later, when he used his ID card in a foreign bank, he was arrested as a fugitive, and after being temporarily detained in the detention center for three days, he was escorted back to the local detention center to continue his criminal detention for 13 days, and after the procuratorate made a decision not to arrest, he was transferred to the traffic police force to handle bail pending trial, and asked me to wait for the procuratorate or the court**. There are a lot of drunk drivers in the detention center, so I inquired, and according to my situation, I will be sentenced to at least three months of detention and a fine, specifically a fine of several thousand yuan for a few months.

I am drunk driving, but the car is not moving, what should the passenger do if he reports it

Legal Analysis: If drunk driving does not constitute a criminal act, or there are statutory circumstances that do not pursue criminal liability, no sentence will be imposed. In addition to this, a sentence is required.

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

VII. Handling criminal cases of driving a motor vehicle while intoxicated shall strictly enforce the relevant provisions of the Criminal Procedure Law, truly safeguard the procedural rights of criminal suspects or defendants, and promptly investigate, prosecute, and try 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. Where the requirements for release on guarantee pending further investigation are met, but the criminal suspect or defendant is unable to provide a guarantor or pay a guarantee deposit, residential surveillance may be met.

Criminal suspects or defendants who violate the provisions on release on guarantee pending further investigation or residential surveillance, where the circumstances are serious, may be arrested.

Release on bail pending trial only does not detain the suspect or defendant, and does not affect the progress of the case. As for whether to go to jail or not, it depends on the plot of drunk driving. "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 pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Legal basis: Article 133-1 of the Criminal Law of the People's Republic of China Whoever drives a motor vehicle on a 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 of a motor vehicle or the manager of a noisy service 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.

According to the provisions of China's Criminal Procedure Law, the people's procuratorate shall make a decision within one month on a case transferred for prosecution by the public security organs, and may extend the period by half a month for major or complicated cases. In cases where the people's procuratorate reviews for prosecution and changes jurisdiction, the time limit for review for prosecution is calculated from the date on which the changed people's procuratorate receives the case.

Therefore, drunk driving will be sentenced after being released on bail pending trial, and release on bail pending trial does not affect the trial procedure, and after release on bail pending trial, the use of summary procedures in the court** is not directly related to whether or not to sentence the actual sentence.

Legal basis: Article 169 of the Criminal Procedure Law of the People's Republic of China: The People's Procuratorate shall make a decision within one month on a case transferred for prosecution by the public security organs, and may extend the period by half a month for major and complicated cases.

In cases where the people's procuratorate reviews for prosecution and changes jurisdiction, the time limit for review for prosecution is calculated from the date on which the changed people's procuratorate receives the case.

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In this regard, it should be noted that bail pending trial only does not detain the suspect or defendant and does not affect the progress of the case, so whether or not the person is released on bail pending trial is not directly related to whether he will be sentenced. If it constitutes dangerous driving or other crimes, it is still possible to impose a prison sentence.

Legal basis] Article 133 of the Criminal Law 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 shall also be fined: first, chasing and racing, and the circumstances are heinous; second, Cha's shirt drove a motor vehicle while intoxicated; Third, engaged in school bus business or passenger transportation, seriously exceeding the rated occupant capacity, or seriously exceeding the prescribed speed; Fourth, transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Drunk driving is still likely to be imprisoned if he is released on bail pending trial, and release on bail pending trial is only a coercive measure in the process of criminal proceedings, and it does not mean that a sentence of fixed-term imprisonment or higher will not be imposed. Whether he will go to prison will be known until the judicial authorities have further trial. The maximum period of release on guarantee must not exceed 12 months.

In cases where the people's procuratorate decides to release a criminal suspect on guarantee pending further investigation, the public security organ responsible for enforcement shall notify the people's procuratorate that made the decision 15 days before the expiration of the period for release on guarantee pending further investigation. The people's procuratorate shall make a decision to lift release on guarantee or modify the compulsory measures before the period for release on guarantee is completed, and notify the public security organs to enforce it.

Criminal Procedure Law of the People's Republic of China

Article 99.

People's courts, people's procuratorates, or public security organs shall release, lift release on guarantee, residential surveillance, or modify compulsory measures in accordance with law for criminal suspects or defendants whose legally-prescribed period of compulsory measures has expired. Criminal suspects or defendants, their legally-designated persons, close relatives, or defenders have the right to request that the compulsory measures be lifted upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.

Summary. Legal basis: Article 98 of the Criminal Procedure Law of the People's Republic of China [Handling of Cases That Can't Be Completed During the Period of Detention] Where a criminal suspect or defendant is detained and cannot be completed within the time limits for investigation and detention, review and prosecution, and first-instance or second-instance trial as provided for in this Law, the criminal suspect or defendant shall be released; Where it is necessary to continue the investigation or trial, the criminal suspect or defendant may be released on guarantee pending further investigation or placed under residential surveillance.

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Drunk driving on bail will also be sentenced after the drunk driver is released on bail pending trial, and the drunk driving offender may also be sentenced to a suspended sentence. If the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with the law, the guilty person shall be convicted of the drunk driver.

First; [Handling of Extended Compulsory Measures]The people's courts, people's procuratorates, or public security organs for banquets shall release criminal suspects or defendants who have been subjected to compulsory measures at the end of the legally-prescribed period, release on guarantee pending further investigation, residential surveillance, or modify the compulsory measures in accordance with law. Criminal suspects or defendants, their legally-designated persons, close relatives, or defenders have the right to request that the compulsory measures be lifted upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.

Second; The conditions for sentencing are as follows: 1. The facts of conviction and sentencing are supported by evidence; 2. The evidence on which the verdict is based has been verified and verified through legal procedures; 3. Comprehensively synthesize all the evidence in the case, and eliminate reasonable doubt about the facts ascertained.

Legal basis: Article 90 of the Criminal Procedure Law of the People's Republic of China [Handling of Cases That Cannot Be Completed During the Period of Detention] Where a criminal suspect or defendant is detained and cannot be completed within the time limits provided for in this Law, the criminal suspect or defendant shall be released; Where it is necessary to continue the investigation or trial, the criminal suspect or defendant may be released on guarantee pending further investigation or placed under residential surveillance.

I am now on bail pending trial, and the blood test for drunk driving is 133, will I be prosecuted?

This will certainly happen.

What stage is it now.

But there are turnarounds.

released on bail pending trial for 17 days, and now it is a few grades of the blood test results for drunk driving in the law.

You're in a serious situation.

Have you been contacted by the police recently?

How serious to say.

There is no contact. You will be prosecuted and sentenced.

What a penalty.

Revocation of driver's license for 5 years and start for 1 year.

But there is a way.