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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.
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[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].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 6 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 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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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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.
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If drunk driving does not cause a major traffic accident, it is generally sentenced to criminal detention, and hiring a lawyer or entrusting relatives and friends to defend it does not have much effect. However, if the matter is serious and a lawyer is needed to defend it, a lawyer can be hired for commutation.
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, 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.
According to the different circumstances of drunk driving, different administrative penalties are imposed on drunk drivers, and if a crime is constituted, criminal punishment shall be imposed in accordance with the law: >>>More
You can be banned from driving for life if:
1. Drunk driving, drunk driving or drug driving, which causes a major traffic accident and constitutes a crime. >>>More
What is the difference between drunk driving and drunk driving?
Whether the person in the car is responsible or not depends on whether he is related to drunk driving. If he has nothing to do with the act of drunk driving, he is not held responsible. For example, if you take a ride-hailing driver's car, and the driver is drunk and you don't know it, you don't need to bear any responsibility for the accident.
Will you still be detained if you are drunk driving on bail pending trial?