Latest regulations on alcohol concentration in cars and motorbikes: 05 things to know

Summary of some regulations and answers related to alcohol concentration when driving cars and motorbikes in traffic. Readers are invited to refer to the article below.

Quy định nồng độ cồn ô tô, xe máy mới nhất. (Nguồn TVPL)

Latest regulations on alcohol concentration of cars and motorbikes. (Source: TVPL)

1. Absolutely prohibit drivers from drinking alcohol or beer.

Pursuant to Clause 8, Article 8 of the 2008 Road Traffic Law, amended by Clause 1, Article 35 of the 2019 Law on Prevention and Control of Harmful Effects of Alcohol and Beer, it is absolutely prohibited to drive vehicles on the road while having alcohol concentration in the blood or breath.

On the other hand, according to the explanation in Clause 1 and Clause 2, Article 2 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019:

- Wine is an alcoholic beverage, produced from the fermentation process of one or a mixture of main ingredients including starch of cereals, sugar solution of plants, flowers, tubers, fruits or a beverage mixed from alcohol.

- Beer is an alcoholic beverage, produced from the fermentation process of a mixture of main ingredients including malt, barley, yeast, hops, and water.

Thus, based on the above regulations, it can be seen that current law absolutely prohibits people who have drunk alcohol or beer (with alcohol concentration in blood or breath) from driving.

2. What is the alcohol concentration when driving to be fined?

As mentioned above, current law prohibits driving a vehicle with alcohol in the blood or breath. In addition, Decree 100/2019/ND-CP (amended in 2021) on administrative sanctions for violations in the field of road and rail traffic also stipulates sanctions for acts related to driving a vehicle with alcohol in the blood or breath.

Therefore, drivers with alcohol concentration in their blood or breath, no matter how little or much, are violating the provisions of the law on road traffic.

3. Latest regulations on alcohol concentration penalties for cars and motorbikes

Currently, the fine for alcohol concentration when driving is regulated in Decree 100/2019/ND-CP (amended in Decree 123/2021/ND-CP) specifically as follows: SEE DETAILS HERE

4. What is the maximum fine for alcohol concentration in cars and motorbikes?

Pursuant to the provisions of Articles 5 and 6 of Decree 100/2019/ND-CP (amended in 2021):

- The highest fine for motorcyclists participating in traffic with a blood alcohol concentration is 8 million VND, and the driver's license will be revoked for up to 24 months, corresponding to an alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath.

- The highest fine for drivers participating in traffic with a blood alcohol concentration is 40 million VND, and the driver's license will be revoked for up to 24 months, corresponding to an alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath.

5. Will my vehicle be impounded for alcohol violations?

Vehicle detention (or vehicle detention) is a form of punishment stipulated in Article 125 of the Law on Handling of Administrative Violations 2012.

According to regulations, the person with the authority to impose penalties for alcohol concentration is allowed to temporarily detain the vehicle for up to 07 days before issuing a decision to impose a penalty for the above-mentioned alcohol concentration violations.

Thus, alcohol concentration violations can result in vehicle impoundment for up to 7 days.

Note: For vehicles violating administrative regulations that are temporarily detained to ensure the enforcement of administrative sanction decisions, if the violating organization or individual has a clear address, has conditions for parking and vehicle preservation, or has the financial capacity to post bail, the violating vehicle may be kept under the management of a competent state agency.

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