How long is the detention for drunk driving

I Drunk driving criminal detention How long

According to the law, the term of criminal detention is not less than one month but not more than six months, Combined punishment for several crimes Not more than one year. The sentenced criminal term shall come into force from the date when the judgment of the people's court is confirmed, but shall be first served before the judgment is pronounced take into custody One day in custody shall be converted into one day of imprisonment.

In other words, if drunk driving is sentenced to criminal detention, the time limit is from one month to six months, and the combined punishment for several crimes cannot exceed one year. At the same time, if drunk driving is taken into custody before the sentence is pronounced, one day of detention will be equivalent to one day of imprisonment.

II Drunken driving Under what circumstances will the punishment of motor vehicles be increased

According to the "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Several Issues Concerning the Application of Law in Dealing with Criminal Cases of Drunken Driving of Motor Vehicles", drunk driving of motor vehicles in one of the following circumstances shall be subject to criminal law The first paragraph of Article 133-1 provides for a heavier punishment:

（1） Cause traffic accident And is fully or primarily responsible for the accident, or Escape after causing a traffic accident , which has not constituted other crimes;

（2） The blood alcohol content reaches more than 200 mg/100 ml;

（3） Driving on expressways or urban expressways;

（4） Driving a commercial motor vehicle carrying passengers;

（5） Serious overstaffing overload perhaps speeding Driving, driving a motor vehicle without driving qualification, using a forged or altered motor vehicle license plate or other acts that seriously violate the Road Traffic Safety Law;

（6） Evading legal inspection by the public security organ, or refusing or obstructing legal inspection by the public security organ, but not constituting other crimes;

（7） Have ever suffered from drunk driving administrative sanction Or criminal investigation;

（8） Other circumstances under which a heavier punishment may be imposed.

To sum up, because our laws provide Term of criminal detention It is more than one month but less than six months, so for criminals sentenced to criminal detention for drunk driving, the period of their drunk driving criminal detention should also be between one month and six months, and in the case of combined punishment for several crimes, it should not exceed one year.