Question:
There are many drinking places near my house. Because I am afraid of being fined for violating alcohol concentration , recently I often meet friends to drink at drinking places near my house. When I go to the restaurant, I ride my motorbike, but when I return, I walk my bike home. So, will I be fined by the traffic police?
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Reply:
According to Lawyer Tran Cong Tu - Can Tho City Bar Association, on January 1, 2020, the Law on Prevention of Harmful Effects of Alcohol and Beer will take effect. All subjects using alcohol and beer are not allowed to drive, including bicycles, if used will be fined. The Law on Prevention of Harmful Effects of Alcohol and Beer brings many benefits, is timely, has enough deterrence and is highly humane.
After this law officially took effect from January 1, 2020, the traffic police force nationwide simultaneously launched the implementation of Decree No. 100/2019/ND-CP regulating administrative sanctions for violations in the field of road and rail traffic. At the same time, they reminded and propagated the new regulations to raise awareness of traffic participants.
Back to your question, when you went to the shop you rode your motorbike, when you came back I walked. So, were you fined by the traffic police?
In your situation, there will be two cases:
- First case: If a motorcyclist who has drunk alcohol encounters a traffic police officer, then gets off the motorbike and walks to deal with the police officer, he or she can be prosecuted if the traffic police officer has evidence to prove that the person was previously driving while drunk or has a camera recording that the person was previously driving while drunk, and when approaching the traffic police checkpoint, the person gets off the motorbike and walks past, then the traffic police officer's alcohol level test and penalty for the violation is in accordance with regulations.
- The administrative penalty for driving a motorbike, scooter, or electric motorbike after consuming alcohol is prescribed as follows:
+ A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on drivers whose blood or breath alcohol concentration does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath. As stipulated in Point c, Clause 6, Article 6 of Decree 100/2019/ND-CP dated December 30, 2019 of the Government regulating administrative sanctions for violations in the field of road and rail traffic.
+ A fine of VND 4,000,000 to VND 5,000,000 shall be imposed on drivers whose blood or breath alcohol concentration exceeds 50 milligrams to 80 milligrams/100 milliliters of blood or exceeds 0.25 milligrams to 0.4 milligrams/1 liter of breath. As stipulated in Point c, Clause 7, Article 6, Decree 100/2019/ND-CP.
+ A fine of VND 6,000,000 to VND 8,000,000 shall be imposed on drivers whose blood or breath alcohol concentration exceeds 80 milligrams/100 milliliters of blood or exceeds 0.4 milligrams/1 liter of breath. As stipulated in Point e, Clause 8, Article 6, Decree 100/2019/ND-CP.
In addition, the driver who commits the violation may also be subject to additional penalties such as: temporary revocation of the driver's license and temporary detention of the violating vehicle.
- Second case: after drinking alcohol, if you do not drive the vehicle home but walk it from the pub, you will not be fined. The Road Traffic Law and related legal documents stipulate that only the person driving the vehicle will be fined. In this case, if you only drive the vehicle from the pub without getting in the vehicle to drive, the traffic police have no basis to fine you.
Therefore, if you are in the second case, you will not be administratively punished, but on the contrary, if you are in the first case, you will be administratively punished for the act of drinking alcohol while participating in traffic.
THANH THANH
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