What is the penalty for driving after drinking alcohol?

Drinking alcohol directly affects human perception and behavior. Therefore, driving after drinking alcohol is very dangerous not only for the driver but also for other road users. This is a prohibited act all over the world, including Vietnam.

The 2008 Road Traffic Law has a provision prohibiting people from drinking alcohol and driving to eliminate potential dangers that may occur to the driver himself and especially other road users. Like the mandatory helmet wearing regulation, the prohibition of driving after drinking alcohol also contributes significantly to reducing unnecessary traffic accidents as well as the serious damage it causes to society.

Driving after drinking alcohol is prohibited all over the world because of its extremely serious nature.

According to the latest regulations on administrative sanctions in the field of road and railway traffic effective from August 1, 2016 under Articles 5 and 6 of Decree 46/2016/ND-CP, the penalties for drivers driving after drinking alcohol are divided according to alcohol concentration. In which:

For drivers and passengers of motorbikes, mopeds (including electric motorbikes), vehicles similar to motorbikes and vehicles similar to mopeds, the penalty is as follows:

- A fine of VND 1 million to VND 2 million shall be imposed on drivers and passengers of motorbikes, mopeds (including electric motorbikes), motorbike-like vehicles and moped-like vehicles on the road whose blood or breath alcohol concentration exceeds 50 milligrams (mg) to 80 mg/100 milliliters (ml) of blood or exceeds 0.25 mg to 0.4 mg/1 liter (l) of breath. In addition to the fine, the driver of the violating vehicle shall also have his/her driving license revoked for 1 to 3 months.

- A fine of 3 million to 4 million VND shall be imposed on drivers who do not comply with the request of a law enforcement officer to check for drugs or alcohol; or who drive on the road with a blood or breath alcohol concentration exceeding 80 mg/100 ml of blood or exceeding 0.4 mg/1 liter of breath. In addition to the fine, the driver who violates the law will also have his/her driving license revoked for 3 to 5 months.

For drivers and passengers of cars and other vehicles similar to cars.

- A fine of 2 million to 3 million VND shall be imposed on drivers whose blood or breath alcohol concentration does not exceed 50 mg/100 ml of blood or 0.25 mg/1 liter of breath. In addition, drivers shall also be subject to an additional penalty of having their driver's license revoked for 1 to 3 months.

- A fine of 7 million to 8 million VND shall be imposed on drivers whose blood or breath alcohol concentration exceeds 50 mg to 80 mg/100 ml of blood or exceeds 0.25 mg to 0.4 mg/1 liter of breath. In addition, drivers shall also be subject to an additional penalty of having their driver's license revoked for 3 to 5 months.

Driving after drinking alcohol will be punished quite heavily.

- A fine of VND 16 million to VND 18 million shall be imposed on drivers whose blood or breath alcohol concentration exceeds 80 mg/100 ml of blood or exceeds 0.4 mg/1 liter of breath; or who fail to comply with the request of an officer on duty to check their alcohol concentration. In addition, drivers shall also be subject to an additional penalty of having their driver's license revoked for 4 to 6 months.

Although the above fine is quite “heavy” compared to other traffic violations, considering the particularly dangerous nature that can occur from driving after drinking alcohol, many people believe that it is still not enough to deter “fun-loving” drivers. The National Traffic Safety Committee itself has also proposed increasing the fine, such as confiscating the vehicle of the violating vehicle owner, because it believes that the current sanctions are not enough of a deterrent.