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There is no need to study. A person who is sentenced for drunk driving is actually drunk driving and is guilty of dangerous driving. According to the provisions of the Road Traffic Safety Law, if a person drives a motor vehicle while intoxicated, the motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained within 5 years, and the driver's license can be re-applied after 5 years.
If a person drives a commercial motor vehicle while intoxicated, the motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained within 10 years, and after the motor vehicle driver's license is re-obtained, the commercial motor vehicle shall not be driven.
Legal basis: Article 91 of the Road Traffic Safety Law 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.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, the motor vehicle driver's license cannot be re-obtained for life.
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Of course, after you get a suspended sentence, you are free.
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Can I get out for a month of probation for drunk driving?
Hello, yes, then Changzi. However, the premise is that it should be reported to the inspection organ (formerly the public security organ (police station), now the judicial bureau (office)) for approval. In other words, if you don't approve it, you can't leave.
At the same time, the Criminal Law also stipulates that: Depending on the circumstances of the crime, criminals are prohibited from engaging in specific activities, entering specific areas and places, and contacting specific persons during the probationary period of probation.
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Legal analysis: Suspended sentences may be granted if the relevant conditions are met, and according to the relevant laws and regulations, criminals who have been sentenced to short-term detention or fixed-term imprisonment of less than three years, and who meet the requirements, may be given a suspended sentence, and if the circumstances of the crime are relatively minor and there is an expression of remorse, the application of a suspended sentence will indeed not endanger society again. Where community corrections are carried out in accordance with law during the probationary period of a suspended sentence, the probationary period of the suspended sentence is complete, and the original sentence is no longer enforced.
Legal basis: Criminal Law of the People's Republic of China
Article 72: Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following conditions at the same time, and a suspended sentence shall be announced for those who are not yet 18 years old, pregnant women, and those who have already reached the age of 75: (1) the circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside. The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.
If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.
Article 76: Community corrections are to be carried out in accordance with law for criminals who have been given a suspended sentence during the probationary period of the suspended sentence, and if there are no circumstances provided for in article 77 of this Law, the probationary period of the suspended sentence is completed, and the original sentence is not to be enforced, and a public announcement is to be made.
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