Is it useful to find a lawyer for drunk driving, and is it useful to find a lawyer for drunk driving

Useful. According to the Criminal Law, a driver who drives a motor vehicle while intoxicated commits the crime of dangerous driving and is punishable by criminal detention of up to six months and a fine.

As far as defense lawyers are concerned, their duty is to submit materials and opinions on the innocence of criminal suspects or defendants, minor crimes, or mitigation or exemption from criminal responsibility on the basis of facts and law, and to protect the procedural rights and other lawful rights and interests of criminal suspects or defendants.

Therefore, if a party entrusts a lawyer to defend the case, the lawyer may submit a defense opinion in favor of the client on the basis of specific facts and the corresponding legal provisions, and strive for a lighter punishment for the client, and if the circumstances of the crime are relatively minor, a suspended sentence may also be sought.

Legal analysis: drunk driving to find a lawyer to defend is not very useful, for drunk driving, there is no need to find a lawyer to deal with the behavior, drunk driving, the motor vehicle driver's license shall be suspended for six months, 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 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.

Legal basis: 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 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.

Legal analysis: Of course, it is useful, lawyers are called criminal defenders in public prosecution cases, and in the investigation stage of the case, the criminal suspect has the right to request that a defender be retained, and the defender is generally a lawyer or a family member. There is no need to hire a lawyer for drunk driving, the facts are clear that it is drunk driving, and there is no consequence of up to 6 months of detention.

If drunk driving does not cause a major traffic accident, it is generally sentenced to criminal detention, and it is useless to hire a lawyer or entrust relatives and friends to defend themselves.

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.

Summary. Legal basis: Article 133-1 of the Criminal Law Anyone who 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.

If drunk driving causes a major traffic accident and causes a serious person to sell his skin, asking a lawyer can only reduce the punishment, and it will not be acquittal, if it is the opposite, there is no need to ask a lawyer, and he will be sentenced to criminal detention. So, the best thing to do is to obey the traffic rules and not defy the law.

Legal basis: Article 133-1 of the Criminal Law Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine: (1) chasing and racing, and the circumstances are bad and repentant; (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; Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

If the perpetrator is caught driving drunk, there is no need to hire a lawyer, and if the drunk driving does not cause a major traffic accident, he is generally sentenced to criminal detention. However, if the matter is serious, a lawyer is needed to defend the case, and a lawyer can be hired to reduce the sentence.

Article 133 of the Criminal Law: Whoever drives a motor vehicle on a road to chase and race, and the circumstances are heinous, or drives a motor vehicle while intoxicated on the road, is to be sentenced to short-term detention and a concurrent fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing. Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Lawyer's analysis: Before there is wisdom, drunk driving constitutes a crime. As far as defense lawyers are concerned, their duty is to submit materials and opinions on the innocence of criminal suspects or defendants, minor crimes, or mitigation or exemption from criminal responsibility on the basis of facts and law, and to protect the procedural rights and other lawful rights and interests of criminal suspects or defendants.

Therefore, if a party entrusts a lawyer to defend the case, the lawyer may submit a defense opinion favorable to the client on the basis of specific facts and corresponding legal provisions, and strive for a lighter punishment for the client, and if the circumstances of the crime are relatively light, they may also strive for a suspended sentence.

Legal basis]:

Criminal Procedure Law of the People's Republic of China》 Article 37: The responsibility of a defender is to submit materials and opinions on the basis of facts and law to clarify the suspect's or defendant's innocence, that the crime is minor, or that their criminal responsibility is mitigated or exempted, and to preserve the procedural rights and other lawful rights and interests of the criminal suspect or defendant.