How long does it take to get out of alcohol and avoid being fined for driving?

How long does it take to get over a drunk driving condition is a question many drivers ask when the fine for drunk driving is sky high these days.

1. After drinking alcohol, how long does it take for the alcohol concentration to go away?

Currently, there is no regulation or exact number to know how long it takes for alcohol concentration to disappear because traffic police are checking alcohol concentration through measuring through a breathalyzer. If there is a traffic accident, the doctor checks alcohol concentration by taking a blood sample for testing.

Many medical experts today also confirm that there is no exact number to determine how long it takes to get rid of alcohol concentration because determining alcohol concentration also depends on the biological characteristics, physical condition of each individual as well as the rate of elimination of each person's liver and the amount of alcohol and beer each person consumes.

According to Ms. Tran Thi Trang, Deputy Director of the Legal Department, Ministry of Health on the Health and Life page, for normal people, the liver will usually metabolize one unit of alcohol equivalent to a 330ml can of 5% beer in 1 hour and to completely metabolize it, it may take another 1 - 2 hours. For people with weaker liver function, this process may take longer.

At the same time, Ms. Trang also said: It is best not to drink alcohol. If you do drink, you should limit it to a low-risk level. Healthy men should not drink more than two units of alcohol, healthy women should not drink more than one unit of alcohol per day and drink less than 05 days/week. With such a level of drinking, it takes at least 04 hours to be able to drive.

Thus, there is currently no exact figure to determine how long it takes for the alcohol concentration to disappear after drinking. Therefore, when drinking alcohol, traffic participants should not drive cars, motorbikes, bicycles, etc.

2. Can I use the trick of losing alcohol concentration after drinking alcohol to avoid punishment?

Besides wondering how long it takes to get rid of alcohol concentration, many drivers also look for ways to remove alcohol concentration from breath when checked by traffic police.

There are currently many measures being taken to help drivers eliminate alcohol levels after drinking alcohol and avoid heavy fines, such as: brushing teeth, chewing gum, eating a lot of other foods, using foods with strong odors to "cover" the smell of alcohol, such as shrimp paste...

However, these methods are not the right way to measure alcohol concentration after drinking alcohol because traffic police test alcohol concentration based on breath taken from the lungs, not from the throat or mouth. Therefore, most of the above measures cannot be applied.

Some of the safest ways to avoid getting fined after drinking alcohol are: If you have someone who has not been drinking with you, ask that person to drive you home; call a taxi, motorbike taxi or other ride-hailing services; .

- Prioritize taking hangover medicine. Ideally, people who drink alcohol should take a nap to reduce the alcohol concentration in the blood.

In particular, to limit risks while driving, it is best not to drive after drinking alcohol.

How long does it take to get rid of alcohol? How to get rid of it? (Illustration)

3. How much is the fine for drunk driving?

Clause 1, Article 35 of the Law on Prevention of Alcohol Harm stipulates:

Driving a vehicle on the road while having alcohol concentration in the blood or breath

Therefore, when there is alcohol concentration in the blood or breath, drivers are prohibited from driving motorbikes, cars or bicycles. If violated, drivers can be handled as follows:

3.1 Being punished for administrative violations

According to Article 6 of Decree 100/2019/ND-CP, drivers who drink alcohol but still participate in traffic will be fined for administrative violations of alcohol concentration with the highest fine of 40 million VND.

Specifically:

3.2 Criminal liability

If drunk driving causes a traffic accident, the driver may face a maximum prison sentence of up to 15 years for the crime of violating road traffic regulations in Clause 72, Article 1 of the Law amending the Penal Code in 2017.

Note: According to Article 13 of the 2015 Penal Code, if a person who has consumed alcohol or beer causes loss of awareness or control of his/her behavior and still drives, the violator will still be held criminally responsible.

3.3 Compensation for damages

In addition to complying with legal penalties, drunk drivers may also have to compensate for damages if their illegal behavior (drinking and driving) causes damage to others according to the provisions of the current Civil Code.

Accordingly, the damages that the violator may have to compensate include: Property damage; damage to the life and health of others; mental damage. Depending on the extent of the damage, the parties may agree on the compensation level or request the Court to determine a fixed compensation level.

As for the compensation for mental damage, if no agreement can be reached, the maximum for a person whose health is violated is no more than 50 times the basic salary. Accordingly, from now until June 30, 2023, the compensation for mental damage is 74.5 million VND and from July 1, 2023 onwards, it is 90.0 million VND.

According to luatvietnam.vn

Source: https://baohatinh.vn/phap-luat-doi-song/mat-bao-lau-de-het-nong-do-con-tranh-bi-phat-khi-lai-xe/248321.htm