Can I be released on bail after fifteen days' detention for drunk driving?

Drunk driving detention 15 days can be released on bail pending trial. If it is only drunk driving and does not touch the criminal law, it will only be given administrative detention. The maximum administrative detention is fifteen days, and the penalty is not more than twenty days. Upon the expiration of the detention period stipulated in the administrative penalty decision, you can leave the detention center. Anyone suspected of committing a crime shall be detained. The detention time depends on the seriousness of the case, and the bail is usually several thousand yuan.

Legal analysis

Drunk driving belongs to administrative detention, and drunk driving constitutes a crime and belongs to criminal detention. If the alcohol content is 20mg~40mg/ 100ml or driving a motor vehicle into the city center after drinking, the driver's license will be temporarily suspended for 1-2 months, and 300 yuan will be fined. If the alcohol content is 60mg~80mg/ 100ml or the driver is punished for drinking and driving for the second time within one year, the driver's license will be temporarily suspended for 3 months and 300 yuan will be fined. Driving a motor vehicle after drinking, temporarily withholding the motor vehicle driver's license from/kloc-0 to 3 months, and imposing a fine from 200 yuan to 500 yuan, with 6 points recorded. The legal punishment for drunk driving and operating motor vehicles is more severe: drunk driving will be detained for three months and fined 500 yuan, with a score of 12. The criterion of drunk driving: the driving behavior of the driver whose blood alcohol content is greater than or equal to 80mg/ 100mL. According to the National Regulation on Threshold and Inspection of Alcohol Content in Blood and Breath of Vehicle Drivers, 100 ml drivers with alcohol content of 20-80 mg in blood are deemed as drunk driving, and drivers with alcohol content over 80 mg are deemed as drunk driving. Blow test is not included in drunk driving identification. According to the evidence collection standard of criminal cases, drivers suspected of drunk driving must draw blood for evidence collection. Checking the data of alcohol detection instruments in drunk driving is only a way for traffic police to judge drunk driving in the early stage, and make an appraisal conclusion by comparing the alcohol content in the suspect's body.

legal ground

Article 107 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, if the punished person refuses to accept the decision on administrative detention punishment and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ for suspending the execution of administrative detention. If the public security organ thinks that the suspension of administrative detention will not cause social danger, the punished person or his near relatives shall provide a guarantor who meets the conditions stipulated in Article 108 of this Law, or pay a deposit according to the standard of 200 yuan per day for administrative detention, and the punishment decision of administrative detention shall be suspended.

Article 91 of the Road Traffic Safety Law of the People's Republic of China * * * whoever drives a motor vehicle after drinking alcohol shall be detained for six months and fined between 1,000 yuan and 2,000 yuan. Whoever is punished for driving a motor vehicle after drinking or driving a motor vehicle after drinking again shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and his motor vehicle driver's license shall be revoked. Drunk driving a motor vehicle shall be restrained by the traffic administrative department of the public security organ until it wakes up, and the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within five years. Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driver's license shall be revoked, and he shall not obtain a motor vehicle driver's license again within five years. Anyone who drives or operates a motor vehicle in a drunken state shall be restrained by the traffic administrative department of the public security organ until he wakes up, his motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated according to law; No motor vehicle driver's license shall be obtained again within ten years, and no motor vehicle shall be driven or operated after obtaining the motor vehicle driver's license again. If a serious traffic accident occurs after drinking or drunk driving a motor vehicle, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license and shall not re-obtain the motor vehicle driving license for life.