Is it necessary to hire a lawyer for drunk driving, and is it necessary to hire a lawyer for drunk d

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: If drunk driving does not lead to serious consequences, there is generally no need to hire a lawyer, because ordinary drunk driving will be punished by criminal detention, which is relatively light, but if you want to reduce some punishments, you can consult a lawyer as appropriate; If drunk driving has caused a major traffic accident, it is necessary to have a lawyer.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 91 Anyone who drives a motor vehicle after drinking alcohol shall be subject to a suspension of 6 months of motor vehicle driver's license 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 shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their motor vehicle driver's license revoked.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license cannot be re-obtained within 5 years. Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license within 5 years. 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 the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained.

It is useful to hire a lawyer for drunk driving, and the lawyer's duty is to submit materials and opinions on the innocence of the criminal suspect or defendant, the minor crime, or the reduction or exemption of criminal responsibility on the basis of the facts and the law, and to protect the procedural rights and other lawful rights and interests of the criminal suspect or defendant.

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 them.

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.

Legal analysis: Hiring a lawyer for drunk driving is of little effect, and if the facts are clear and the evidence is credible and sufficient, there are no consequences for drunk driving, and the driver's license may be fined or revoked. If drunk driving does not cause a major traffic accident, the driver's license may be revoked and the driver's license may be restricted from obtaining it again, and if the circumstances are serious, it may also constitute a crime.

So hiring a lawyer doesn't do much.

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.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.

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 the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.