Penalties for drinking and driving
Drinking alcohol and driving is a traffic violation that many people commit. The administrative penalty for this behavior is also very high.
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| Illustration: KT |
Dr. and lawyer Dang Van Cuong, Chinh Phap Law Office, said: Drinking alcohol and beer while still driving a vehicle is a road traffic violation that many people commit. Pursuant to Decree 100/2019/ND-CP and Decree 117/2020/ND-CP, the common fines related to drivers participating in traffic while using alcohol are prescribed as follows:
1. For drivers of cars and similar vehicles who violate one of the following acts:
- Driving a car or similar vehicle on the road with alcohol concentration in blood or breath not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath. (Point c, Clause 6, Article 5).
+ Penalty: Fine from 6 - 8 million VND.
+ Additional penalty: Driver's license revocation for 10 - 12 months.
- Driving a vehicle on the road with blood or breath alcohol concentration exceeding 50 - 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. (Point c, Clause 8, Article 5)
+ Penalty level: Fine from 16 - 18 million VND.
+ Additional penalty: Driver's license revocation for 16 - 18 months.
- Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath; Not complying with the request of an officer on duty to check alcohol concentration. (Points a and b, Clause 10, Article 5).
+ Penalty: Fine from 30 - 40 million VND.
+ Additional penalty: Driver's license revocation from 22 - 24 months.
2. For drivers of motorbikes, mopeds (including electric motorbikes), motorbike-like vehicles and moped-like vehicles who violate one of the following acts:
- Driving a vehicle on the road with alcohol concentration in blood or breath not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath. (Point c, Clause 6, Article 6).
+ Penalty: Fine from 2 - 3 million VND.
+ Additional penalty: Driver's license revocation for 10 - 12 months.
- Driving a vehicle on the road with blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. (Point c, Clause 7, Article 6).
+ Penalty: Fine from 4 - 5 million VND.
+ Additional penalty: Driver's license revocation for 16 - 18 months.
- Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath; Not complying with the request of an officer on duty to check alcohol concentration. (Points e and g, Clause 8, Article 6)
Penalty: Fine from 6 to 8 million VND.
Additional penalty: Driver's license revocation from 22 to 24 months.
3. For drivers of tractors and specialized motorbikes (hereinafter referred to as vehicles) who violate one of the following acts:
- Driving a vehicle on the road with alcohol concentration in blood or breath not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath. (Point c, Clause 5, Article 7)
+ Penalty: Fine from 1 - 2 million VND.
+ Additional penalty: Suspension of driving license (when driving tractor), certificate of training in road traffic law (when driving specialized motorbikes) from 1 to 3 months.
- Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. (Point b, Clause 7, Article 7).
+ Penalty: Fine from 6 - 8 million VND.
+ Additional penalty: Suspension of driving license (when driving tractor), certificate of training in road traffic law (when driving specialized motorbikes) from 16 to 18 months.
- Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath; Not complying with the request of an officer on duty to check alcohol concentration. (Points a and b, Clause 9, Article 7).
+ Penalty level: Fine from 16 - 18 million VND
+ Additional penalty: Suspension of driving license (when driving tractor), certificate of training in road traffic law (when driving specialized motorbikes) from 22 to 24 months.
3. For bicycle and motorbike drivers (including electric bicycles), and other rudimentary vehicle drivers who commit one of the following acts:
- Driving a vehicle on the road with alcohol concentration in blood or breath not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath. (Point q, Clause 1, Article 8).
+ Penalty: Fine from 80,000 - 100,000 VND.
- Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. (Point e, Clause 3, Article 8).
+ Penalty: Fine from 200,000 - 300,000 VND.
- Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath; Not complying with the request of an officer on duty to check alcohol concentration. (Points c and d, Clause 4, Article 8).
+ Penalty level: Fine from 400,000 - 600,000 VND./.