What are the penalties for cyclists who violate alcohol limits?

Reply:

Cyclists participating in traffic are subject to breathalyzer tests as stipulated by law. Decree 100/2019/ND-CP stipulates that cyclists, motorized bicycle riders, and electric bicycle riders will also be subject to breathalyzer tests, just like motorcyclists and car drivers.

Specifically, Article 8 of Decree 100/2019/ND-CP (amended by Decree 123/2021/ND-CP) stipulates the following penalties for alcohol concentration levels for bicycle riders:

- Not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath: Fine from 80,000 VND to 100,000 VND.

- Exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath: Fines ranging from 300,000 VND to 400,000 VND.

Exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath: Fines ranging from 400,000 VND to 600,000 VND.

Therefore, cyclists who are under the influence of alcohol while participating in traffic will be subject to administrative penalties depending on the blood or breath alcohol concentration. The lowest administrative penalty will be 80,000 VND and the highest will be 600,000 VND.

If a driver intentionally refuses to comply with a request for an alcohol test by law enforcement officers, or resists arrest, they will be fined the maximum amount and may also face criminal prosecution for one of the following offenses: Resisting law enforcement officers, Disturbing public order, etc.

Furthermore, pursuant to Clause 1, Article 82 of Decree 100/2019/ND-CP on the temporary seizure of vehicles and related documents of the driver and vehicle involved in violations, in order to immediately prevent administrative violations, the competent authority is allowed to temporarily seize the vehicle for a maximum of 7 days before issuing a penalty decision for the violations.