Can I apply for probation after a drunk driving sentence?

1. Driving a motor vehicle on the road with a blood alcohol content of 80 milligrams or more than 100 milliliters is considered to be driving a motor vehicle while intoxicated, and is suspected of being convicted of the crime of dangerous driving, that is, driving a motor vehicle while intoxicated on the road shall be sentenced to short-term detention and a fine.

2. In any of the following circumstances, driving a motor vehicle while intoxicated shall be given a heavier punishment in accordance with the provisions of the conviction of the crime of dangerous driving:

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.

It will be too late for the verdict to come down, and the suspended sentence can only be brought up at the trial.

Yes, but subject to probation. Conditions for applying a suspended sentence to criminal detention for drunk driving:

1. The criminal has been sentenced to short-term detention or fixed-term imprisonment of not more than 3 years, 2. The criminal's crime is relatively minor, and he has shown remorse, and there is no danger of recidivism, 3. The suspended sentence has no major adverse impact on the community in which he lives, 4. The criminal is not a recidivist and the ringleader of a criminal group.

If a drunk driver meets the conditions for a suspended sentence, the court will apply a suspended sentence depending on the specific circumstances, such as whether he surrendered voluntarily, whether he has compensated the victim and obtained the victim's forgiveness, and whether he has a good attitude of admitting guilt.

During the trial, the defendant should actively present his defense to the court and obtain a chance to give himself a suspended sentence.

To sum up, if the drunk driving offender meets the above conditions, then it is very likely that he will be given a suspended sentence.

Article 72 of the Criminal Law of the People's Republic of China may announce a suspended sentence for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, and those who are under the age of 18, pregnant women, and persons who have reached the age of 75 shall be given a suspended sentence

1) The circumstances of the crime are relatively minor, (2) there is an expression of remorse, (3) there is no danger of recidivism, and (4) the probation has no major adverse impact on the community in which they live.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence. If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Probation for drunk driving is not available for this one:

1. It depends on the attitude of the court after the trial, if the court believes that it can be sentenced to a suspended sentence after the trial, you can be given a suspended sentence, you can actively admit your mistakes, have a good attitude of admitting guilt, and actively compensate, in general, that is, the attitude should be good, and there will be a chance of a suspended sentence;

2. According to Article 72 of the Criminal Law of the People's Republic of China: Criminals sentenced to short-term detention or fixed-term imprisonment of less than 3 years may be given a suspended sentence if they meet the following conditions at the same time. For those under the age of 18, pregnant women, and persons over the age of 75, a suspended sentence shall be announced;

3. The circumstances of the crime are slight; Those who have shown repentance; There is no risk of recidivism; The sentence of probation does not have a significant impact on the community.

Summary. Hello, can I ask for a suspended sentence if I am sentenced for drunk driving, yes, but I have to meet the conditions.

Hello, can I ask for a suspended sentence if I am sentenced for drunk driving, yes, but I have to meet the conditions.

Legal analysis: Drunk driving can apply for probation, but it must meet the conditions for a suspended sentence, provided that the damage caused is not serious, and he himself has shown remorse, there is no danger of recidivism, and the circumstances of the crime are relatively minor, as long as they meet the requirements, they can be sentenced to probation. Weixiang.

Legal basis: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment, and the conditions for a suspended sentence are met at the same time.

A suspended sentence may be given if the drunk driving sentence is met.

Article 72 of the Criminal Law stipulates that a suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time; A suspended sentence shall be given to 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 reoffending; 4. The probation is not to be administered to have a significant adverse impact on the community in which it resides. A suspended sentence may be announced on the basis of the circumstances of the crime of transport, and at the same time prohibit the criminal from engaging in specific activities, entering specific areas or venues, or contacting specific people during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to an additional sentence, the sentence must still be increased.