If the borrower violates the alcohol concentration, will the car owner be fined and have the car impounded?

According to the regulations, all traffic violations related to alcohol concentration can result in the vehicle being impounded. So what happens if the car is borrowed?

Người điều khiển ô tô vi phạm quy định về nồng độ cồn có thể bị phạt tiền cao nhất tới 40 triệu đồng và tước giấy phép lái xe 2 năm. (Nguồn Dân trí)

Drivers who violate alcohol concentration regulations can be fined up to 40 million VND and have their driving license revoked for 2 years. (Source: Dan Tri)

Decree 100/2019/ND-CP, amended and supplemented by Decree 123/2021/ND-CP, stipulates the penalty for violating alcohol concentration when driving cars and motorbikes as follows:

Penalties for alcohol violations for motorcyclists

- Not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath: fine of 2-3 million VND and revocation of driving license from 10 to 12 months.

- Exceeding 50 milligrams to 80 milligrams/1 milliliter of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath: fine of 4-5 million VND and driver's license revocation from 16 to 18 months.

- Exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath: fine of 6-8 million VND and driver's license revocation from 22 to 24 months.

Penalties for alcohol violations for car drivers

- Not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath: fine of 6-8 million VND and driver's license revocation from 10 to 12 months.

- Exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath: fine of 16-18 million VND and driver's license revocation from 16 to 18 months.

- Exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath: fine of 30-40 million VND and driver's license revocation from 22 to 24 months.

What is the alcohol concentration limit for vehicle impoundment?

According to Decree 100/2019/ND-CP, amended and supplemented by Decree 123/2021/ND-CP, all traffic violations involving alcohol concentration can result in vehicle impoundment.

Regarding the handling of temporarily detained vehicles, Point a, Clause 2, Article 16 of Decree 138/2021/ND-CP stipulates: The person who comes to receive the temporarily detained exhibits, vehicles, licenses, and practice certificates must be the violator, or the owner of the temporarily detained exhibits, vehicles, licenses, and practice certificates, or the representative of the administrative violation organization recorded in the decision to temporarily detain exhibits, vehicles, licenses, and practice certificates.

If the owner, organization or individual authorizes another person to come and receive the seized exhibits, means, licenses or practice certificates, they must make a written authorization in accordance with the provisions of law.

If the borrower violates the alcohol concentration, will the car owner be fined?

Currently, the law only provides for penalties for drivers who violate alcohol levels. Vehicle owners will only be fined if they know that the borrower is not qualified to drive and still hand over the vehicle.

Article 8, Clause 10 of the 2008 Road Traffic Law strictly prohibits the act of "handing over motor vehicles and specialized motorbikes to people who are not qualified to drive vehicles on roads".

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