How are cyclists punished for violating alcohol concentration?
(Baonghean.vn) - Ms. La Thi Hoa, residing in Tuong Duong district, asked: In case of riding a bicycle after drinking alcohol, will one be punished for violating alcohol concentration? What is the penalty level?
Reply:
Cyclist drivers participating in traffic are subject to alcohol testing according to the law. Decree 100/2019/ND-CP stipulates that cyclists, motorbikes, and electric bicycle riders will also be tested for alcohol like motorbikes and cars.
Specifically, Article 8 of Decree 100/2019/ND-CP (amended by Decree 123/2021/ND-CP) stipulates the penalty for alcohol concentration for bicycle drivers as follows:
- 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: Fine from 300,000 VND to 400,000 VND.
Exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath: Fine from 400,000 VND to 600,000 VND.
Thus, cyclists who use alcohol or beer while participating in traffic will be subject to administrative penalties depending on the alcohol concentration in their blood or breath. The lowest administrative penalty will be 80,000 VND and the highest administrative penalty will be 600,000 VND.
In case the driver intentionally refuses to comply with the request of the officer on duty to check the alcohol concentration, or has an act of resistance, he/she will be fined at the highest level, and at the same time, may be prosecuted for one of the following crimes: Resisting an officer on duty, Disturbing public order...
In addition, pursuant to Clause 1, Article 82 of Decree 100/2019/ND-CP on temporary detention of vehicles and documents related to the driver and the violating vehicle, to immediately prevent administrative violations, the competent authority is allowed to temporarily detain the vehicle for up to 7 days before issuing a decision to sanction the violations.
