Is it necessary to hire a lawyer for drunk driving, and do I need to hire 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: 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 not necessary for a driver to hire a lawyer if he is suspected of drunk driving, and whether or not a criminal suspect or his family member hires a lawyer will not affect the normal investigation process of a criminal case. However, if a lawyer is hired as the defender, the penalty may be reduced if the defense is successful.

[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 shall also be fined:

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.

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.

There is no need to hire a lawyer for drunk driving, and 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 very serious and requires a lawyer, a lawyer may 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 there is conduct in the preceding paragraph, and at the same time concealment constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing. Whoever violates the regulations on the management of transportation and transportation, resulting in a major accident, causing serious injury or death, 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.