Can I apply for a renewal if my driving license is about to expire and is revoked due to alcohol violation?
Many people wonder if their driving license is revoked when it is about to expire because of alcohol violations. So when it expires but is still revoked, can they apply for a new license?
Traffic police check alcohol concentration. Photo: Xuyen Dong
Mr. Hoang Van Tien in Hung Yen asked: My B2 car driving license will expire in May 2024. However, I recently violated the alcohol concentration and was revoked for 24 months (from February 2024). So when it expires (May 2024), can I change my driving license?
Responding to this issue, Lawyer Nguyen Thu Trang, Hung Dao Thang Long Law Office, said that Clause 5, Article 81 of Decree 100/2019/ND-CP on revoking the right to use licenses in the field of road traffic is as follows:
In case the violator is subject to the penalty of revocation of the right to use a license or practice certificate, but the remaining validity period of the license or practice certificate is less than the revocation period, the competent authority shall still issue a penalty decision applying the penalty of revocation of the right to use a license or practice certificate according to the regulations for the violation. During the period of revocation of the right to use a license or practice certificate, individuals and organizations shall not carry out procedures for reissuance or reissuance of a license or practice certificate.
Therefore, a driver's license that is about to expire can still be subject to a decision by the competent authority to revoke the right to use the driver's license for a certain period of time. During the period of revocation of the driver's license, the revoked person is not allowed to apply for a new or renewed driver's license.
Penalties for alcohol violations on 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).
