Will drunk driving be sentenced after being released on bail pending trial?

Legal Analysis: After drunk driving is released 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.

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

Article 133-2 Whoever uses violence or grabs control of a driving control device against a driver of a moving public transport, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished 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.

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.

Legal analysis: Drunk driving has not caused serious consequences, and has been released on bail pending trial, and will not be sentenced. 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 suspended for not less than three months but not more than six months.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: 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) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will 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 are released on guarantee pending further investigation will not be a danger to society;

4) Where 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.

Article 68: People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Article 69 The guarantor must meet the following conditions:

1) Not involved in the case;

2) Ability to perform guarantee obligations;

3) Enjoy political rights and have not had their personal liberty restricted;

4) Have a fixed place of residence and income.

Whether or not you can be released on bail pending trial after being sentenced for drunk driving depends on whether the conditions for release on bail pending trial are met. If a person is sentenced to fixed-term imprisonment or higher for drunk driving, and Wang is released on bail pending trial, he can be released on bail pending trial.

How to handle bail pending trial for drunk driving.

Where a detained criminal suspect and his legally-designated ** person, close relatives, or a lawyer retained by an arrested criminal suspect applies for release on guarantee pending further investigation, it shall be submitted in writing. Within 3 days of receiving an application, the public security organs shall give a reply of agreement or disagreement. Where release on guarantee pending further investigation is agreed, formalities for release on guarantee pending further investigation are to be completed in accordance with law.

Where release on guarantee pending further investigation is not agreed, the applicant shall be notified in writing and the reasons explained.

Legal basis:Article 67 of the Criminal Procedure Law of the People's Republic of China.

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) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

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 are released on guarantee pending further investigation will not be a danger to society;

4) The period of detention is complete, and the case has not yet been completed, and it is necessary to take the position of release on guarantee pending further investigation.

After being sentenced for drunk driving, he cannot be released on bail pending trial. Release on bail pending trial is usually a criminal coercive measure used against criminal suspects who commit relatively minor crimes and do not need to be detained or arrested, but whose freedom of movement needs to be restricted to a certain extent. According to article 67 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may release a criminal suspect or defendant on guarantee pending further investigation under any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently; 2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; (3) Women who suffer from serious illness, are unable to live on their own, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; 4) Where 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.

Code of Criminal Procedure

The sixtieth bucket number seven articles.

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) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will 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 are released on guarantee pending further investigation will not be a danger to society;

4) Where 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.