Drunken driving with a criminal record can apply for a guarantor pending trial if it meets the conditions for obtaining a guarantor pending trial. After drunk driving constitutes a crime of dangerous driving, criminal responsibility should be borne. The crime of dangerous driving refers to the act of driving a motor vehicle on the road to chase and race, the circumstances are bad, or driving a motor vehicle drunk on the road.
Legal basis:
Article 67 of the Criminal Procedure Law of the People's Republic of China
The People's Court, the People's Procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(1) Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger;
(3) A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger;
(4) When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial. Obtaining a guarantor pending trial shall be executed by the public security organ.