Is drunk driving detention a criminal punishment?

Drunk driving detention is not a criminal punishment.

Drunk driving is regarded as a serious illegal act. Before imprisonment, punishment usually belongs to the category of traffic administrative punishment, including administrative detention and fines. Administrative detention is an administrative compulsory measure implemented by public security organs to punish acts that violate public order. If you only detain a drunk driver, his behavior has not yet constituted a criminal offence. If drunk driving leads to serious consequences, such as a major traffic accident or escape, it may lead to criminal responsibility and may face criminal detention or more serious criminal punishment.

Legal consequences of drunk driving;

1. Administrative penalty: According to relevant laws and regulations, drunk driving is a traffic violation and will face administrative penalties, such as fines, temporary suspension or revocation of driver's license;

2. Criminal responsibility: Under certain circumstances, drunk driving may constitute a crime. For example, if a drunk driving motor vehicle causes a traffic accident and causes serious consequences, criminal responsibility may be investigated;

3. Impact on credit records: drunk driving will be recorded in personal credit records, which may affect personal credit evaluation in terms of loans and employment;

4. Insurance compensation limit: If drunk driving causes a traffic accident, the insurance company may refuse to pay compensation or reduce the amount of compensation.

To sum up, although drunk driving is regarded as a serious illegal act, it is usually traffic administrative punishment, such as administrative detention and fines, rather than criminal punishment before criminal responsibility is triggered; Only when drunk driving leads to serious consequences such as major accidents or escapes, drivers may face criminal responsibility and corresponding criminal penalties.

Legal basis:

Amendment IX of People's Republic of China (PRC) Criminal Law

Article 8

Anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:

(a) chasing racing, the circumstances are bad;

(two) drunk driving a motor vehicle;

(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;

(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.

Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.

Criminal law of the people's Republic of China

Article 42

The term of criminal detention is from one month to six months.

Article 43

A criminal sentenced to criminal detention shall be executed by the public security organ nearby. During the execution, criminals sentenced to criminal detention can go home for one or two days a month; Those who take part in labor may be paid as appropriate.

Article 44

The term of criminal detention shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.