Explanation of penalties for drunk driving violations in 2024

Reader Pham Thieu from Hanoi asks: My hometown is in Hung Yen, and I'm going back home for the New Year's holiday. I'd like to know what the penalties are if I'm caught driving under the influence of alcohol? Will my vehicle be impounded? Are the penalties for drunk driving in 2024 different from those in 2023?

In response to this issue, Lawyer Nguyen Thu Trang (Hung Dao Thang Long Law Office) stated that the current penalties for drunk driving violations are still stipulated in Decree 100/2019/ND-CP (amended by Decree 123/2021/ND-CP).

Specifically, for motorcycles:

For blood alcohol concentrations not exceeding 50 milligrams/100 milliliters of blood or 0.25 milligrams/1 liter of breath: Violators will be fined from 2 million VND to 3 million VND. (Point c, Clause 6, Article 6). Driving license will be revoked for 10 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). Driving license will be revoked for 22 to 24 months (Point g, Clause 10, Article 6).

The penalties for drunk driving are as follows:

The blood alcohol concentration did not exceed 50 milligrams/100 milliliters of blood or 0.25 milligrams/1 liter of breath. Violators will be fined from 6 million VND to 8 million VND (Point c, Clause 6, Article 5). Their driver's license will be revoked for 10 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 VND 16 million to VND 18 million (Point c, Clause 8, Article 5). Driving license will be revoked for 16 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). Driving license will be revoked for 22 to 24 months (Point h, Clause 11, Article 5).

Regarding the impoundment of vehicles for drunk driving violations, lawyer Nguyen Thu Trang further explained that temporary vehicle seizure (or temporary impoundment of vehicles) is a form of punishment stipulated in Article 125 of the 2012 Law on Handling Administrative Violations.

Authorities authorized to enforce alcohol concentration limits are permitted to temporarily impound vehicles for up to 7 days before issuing a penalty decision for the aforementioned alcohol concentration violations. Therefore, violating alcohol concentration limits may result in vehicle impoundment 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. One of the notable points of this draft is the regulation on the threshold for violating alcohol limits when participating in traffic. According to the draft, the current threshold for violating alcohol limits while participating in traffic remains at 0. This is currently the subject of much discussion.

The draft Law on Road Traffic Safety and Order is expected to be submitted to the National Assembly for approval in May 2024. Once the Law on Road Traffic Safety and Order is enacted, it will serve as the basis for considering whether to change the regulations on penalties for drunk driving according to the new provisions.