Due to drunk driving, I am now on bail and want to go back to my hometown for two months for the Chi

Hello, it is generally necessary to approve it in the place of implementation, and it is difficult to return to your hometown. An application may be made to the enforcement organ in consideration of specific reasons.

Leaving the county or city where you are located during the period of release on guarantee pending further investigation must be approved by the public security. Generally, shorter vacations will be approved, but two months may be more difficult. If your hometown is not far from the place where you are released on bail, you can also take a few days off and stay at home for a few more days, and when the police or the procuratorate contact you, you can rush over as soon as possible.

Legal analysis: Generally, it cannot be done, and it needs to be approved by the relevant authorities. Release on bail is a kind of compulsory measure provided for in the Criminal Procedure Law of our country, which refers to a compulsory measure in criminal proceedings in which the public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who need to change their compulsory measures after they have not been arrested or arrested or who need to be changed after they are arrested or arrested by the department, order them to provide a guarantor or pay a guarantee deposit, and issue a letter of guarantee to ensure that they will be present with the summons, and that they will not be detained or temporarily released from detention.

Legal basis: Article 70 of the Criminal Procedure Law of the People's Republic of China The guarantor shall perform the following obligations: (1) supervise the guarantor's compliance with the provisions of Article 71 of this Law; (2) Where it is discovered that the guaranteed person may have violated the provisions of Article 71 of this Law, it shall promptly report to the enforcement organ.

Where the guarantor violates the provisions of Article 71 of this Law, and the guarantor fails to perform the guarantee obligation, the guarantor shall be fined, and if a crime is constituted, criminal responsibility shall be pursued in accordance with law. Wake up.

According to the law, if a motor vehicle driver is suspected of dangerous driving while driving while intoxicated, he shall be investigated for criminal responsibility in accordance with the law, sentenced to criminal detention and fined. The term of detention is not less than one month but not more than six months.

Legal basis: Article 42 of the Criminal Law [Duration of Short-term Detention] The period of short-term detention is between one month and six months.

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.

It depends on the decision of the people's court.

Drunk driving is an administrative punishment, how can it be sentenced? Have a major traffic accident?

There may be no relevant evidence to prosecute or the procuratorate's efficiency is relatively low, and after the criminal suspect has been released on bail pending further investigation in the detention center, the procuratorate will notify him to go again, indicating that the public security organ has transferred the case to the procuratorate, and has already filed an opinion on the case to the procuratorate, and the next step is that the procuratorate will review and prosecute in accordance with the legal procedures, and in the future the procuratorate will notify and verify the facts of the case, and if there are criminal facts and there is evidence to prove that a criminal punishment is necessary, the procuratorate will prosecute the case to the people's court for judgment. If no crime is committed, the Public Prosecutor's Office will make a decision not to prosecute.

After the case goes to the people's court, if the court sentences a suspended sentence, the suspect will not be sent to prison; If a real sentence is to be imposed, the court will approve the arrest and take the suspect to prison on the same day.

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) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause 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 that decide 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 guarantee deposit.