What are the penalties for refusing to take a breathalyzer test?
Mr. Nguyen Quang Giap (residing in Nghi Loc commune) asks: Currently, many cases are appearing on social media where drivers, upon encountering traffic police, turn their vehicles around and flee, refusing to comply with requests for alcohol level testing. What are the penalties for refusing to undergo alcohol level testing according to the law?
Reply:
According to Government Decree No. 168/2024/ND-CP, failure to comply with requests for alcohol concentration testing by law enforcement will be severely punished, depending on the type of vehicle the offender is driving. Specifically, the penalties are as follows:
- For drivers of automobiles, the fine ranges from 30 million VND to 40 million VND, and their driver's license will be revoked for 22 to 24 months.
(Based on: point b, clause 11 and point c, clause 15 of Article 6).
- For drivers of motorcycles and mopeds, the fine ranges from 8 million to 10 million VND, along with the revocation of their driver's license for 22 to 24 months.
(Based on: point d, clause 9 and point c, clause 12 of Article 7).
- For drivers of specialized motorcycles, the fine ranges from 18 million VND to 20 million VND.
(Based on: point b, clause 9, Article 8).
- For drivers of bicycles, motorbikes, and other non-motorized vehicles, the fine ranges from 400,000 VND to 600,000 VND.
(Based on: point c, clause 4, Article 9).
In addition, according to Decree 168/2024/ND-CP, those who violate alcohol concentration limits will have points deducted from their driver's license, specifically:
- In cases where the blood alcohol concentration is below 50 milligrams/100 milliliters of blood or below 0.25 milligrams/1 liter of breath: 4 points will be deducted from the driver's license.
- In cases where the blood alcohol concentration is between 50 and 80 milligrams/100 milliliters of blood or between 0.25 and 0.4 milligrams/1 liter of breath: 10 points will be deducted from the driver's license.
(Based on: points b and d of clause 16, Article 6 and points b and d of clause 13, Article 7).
Imposing penalties for failing to undergo alcohol breath tests is necessary to ensure traffic order and safety, prevent accidents caused by alcohol, and raise public awareness of traffic laws.
