Answering the penalty level for alcohol concentration violations in 2024
Many readers ask, in 2024, what will the penalty for alcohol concentration violations be?
Reader Pham Thieu in Hanoi asked: My hometown is Hung Yen, I went back to my hometown for the New Year. I would like to ask, if I am found violating alcohol concentration while participating in traffic, what will be the penalty? Will my vehicle be impounded? Will the penalty for alcohol concentration violation in 2024 be different from 2023?
Responding to this issue, Lawyer Nguyen Thu Trang (Hung Dao Thang Long Law Office) said that the current penalty for alcohol concentration violations is still stipulated in Decree 100/2019/ND-CP (amended in Decree 123/2021/ND-CP).
Specifically, for motorbikes:
Alcohol concentration does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath: Violators are fined from 2 million VND to 3 million VND. (Point c, Clause 6, Article 6). Driving license revocation from 10 months to 12 months. (Point d, Clause 10, Article 6).
Exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. Violators will be fined from 4 million VND to 5 million VND (Point c, Clause 7, Article 6). Driving license will be revoked for 16 to 18 months (Point e, Clause 10, Article 6).
Exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath. Violators will be fined from 6 million VND to 8 million VND. (Point e, Clause 8, Article 6). Driver's license will be revoked for 22 to 24 months (Point g, Clause 10, Article 6).
The fine for alcohol concentration in cars is as follows:
Alcohol concentration does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath. Violators are fined from 6 million VND to 8 million VND. (Point c, Clause 6, Article 5). Driving license revocation from 10 months to 12 months (Point e, Clause 11, Article 5).
Exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. Violators will be fined from 16 million VND to 18 million VND. (Point c Clause 8 Article 5). Driver's license will be revoked from 16 months to 18 months (Point g Clause 11 Article 5).
Exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath. Violators will be fined from 30 million VND to 40 million VND. (Point a, Clause 10, Article 5). Driver's license will be revoked for 22 to 24 months (Point h, Clause 11, Article 5).
Regarding the detention of vehicles for alcohol violations, Lawyer Nguyen Thu Trang added that temporary detention of vehicles (or temporary detention of vehicles) is a form of punishment stipulated in Article 125 of the Law on Handling of Administrative Violations 2012.
The person with the authority to impose alcohol concentration penalties is allowed to temporarily impound the vehicle for up to 7 days before issuing a penalty decision for the above alcohol concentration violations. Thus, alcohol concentration violations can result in the vehicle being impounded for up to 7 days.
Lawyer Nguyen Thu Trang added that the Ministry of Public Security is currently drafting the Law on Road Traffic Safety and Order. One of the notable highlights of this draft is the regulation on the threshold for alcohol concentration violations when participating in traffic. According to the draft, the threshold for alcohol concentration violations when participating in traffic is currently 0. This is currently the subject of many discussions.
It is expected that the Draft Law on Road Traffic Safety will be submitted to the National Assembly for approval in May 2024. When the Law on Road Traffic Safety is promulgated, it will be the basis for considering whether to change the regulations on alcohol concentration penalties according to the new regulations or not.
