Can I be released on bail for a second offense within five years?

The "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving a Motor Vehicle While Intoxicated" stipulates that criminal suspects or defendants who drive a motor vehicle while intoxicated may be detained or released on bail pending further investigation depending 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.

It can be seen that a suspect who drives a motor vehicle while intoxicated can be released on bail pending further investigation, but only after meeting the conditions for release on bail pending further investigation as prescribed by law and going through the relevant bail formalities at the same time. In any of the following circumstances, public security organs may release criminal suspects on guarantee pending further investigation: (1) where a criminal suspect might be sentenced to controlled release, short-term detention, or an additional punishment may be applied independently; (2) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no danger to society; (3) The criminal suspect who shall be arrested suffers from a serious illness, or a woman who is pregnant or breastfeeding; (4) For a criminal suspect in custody, the evidence does not meet the requirements for arrest; (5) After an arrest is submitted, the procuratorate does not approve the arrest and needs to be reconsidered or reviewed; (6) Cases in which the criminal suspect is in custody cannot be completed within the legally-prescribed time period, and it is necessary to continue the investigation; (7) After transferring for prosecution, the procuratorate decides not to prosecute, and it is necessary to reconsider or review.

It should be no, and the driver's license will be cancelled, and it should be impossible to drive for life.

Legal Analysis: General recidivism refers to criminals who have been sentenced to fixed-term imprisonment or higher, and who re-commit crimes that should be sentenced to fixed-term imprisonment or higher within 5 years after the completion of the sentence or pardon. If a person has been sentenced to a sentence of 5 years and has committed a crime, if he or she has committed a crime in a recidivist manner, he or she cannot be released on bail pending trial.

According to the provisions of China's Criminal Procedure Law, recidivism is not subject to release on bail pending trial, and recidivists will be sentenced to fixed-term imprisonment or higher, and will be again harmful to society.

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) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no 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 deciding 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 false guarantee deposit.

Legal analysis: Whether or not a sentence will be imposed after five years of release on bail depends on factors such as the facts and evidence of the crime. As for the issue of being sentenced after being released on bail pending trial, in fact, release on bail pending trial is only a coercive measure in the course of criminal proceedings, and it does not mean that a sentence of fixed-term imprisonment or more will not be imposed.

Whether he will go to prison will be known until the judicial authorities have further trial. However, according to the conditions for release on bail pending trial, the offense is generally less serious and the sentence will not be too severe. Release on bail pending further investigation is a compulsory measure provided for in China's Criminal Procedure Law.

For example, in the investigation stage, if the evidence is found to be insufficient, the case may be withdrawn in the review and prosecution stage, and it is possible that the prosecution may not be prosecuted in the review and prosecution stage, and it is possible to withdraw the prosecution or give a suspended sentence in the trial and judgment stage.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 65: 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) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no 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.

As long as the conditions for release on guarantee pending further investigation are met, release on guarantee pending further investigation may be granted. Article 65 of the Criminal Procedure Law stipulates that 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) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no 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.

According to Article 65 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on bail 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) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation is employed, so that there is no 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 and residential surveillance are to be enforced by the public security organs.

Therefore, a sentence of more than five years in prison may be possible and bail can be granted.