WHAT IS THE ALCOHOL CONCENTRATION FOR A PENALTY?

Drinking alcohol or beer while having fun can be an option. However, drinking alcohol and then driving is an extremely dangerous act. This behavior is not only criticized by society but also severely punished. So what is the current law on penalties for violations?

Table of Contents

1. What is the concentration?

2. The legal penalty for alcohol concentration

3. Can you retake your driving test if your license is revoked?

1. What is alcohol concentration?

Alcohol concentration is an indicator of the amount of alcohol in beverages such as wine and beer. In the field of traffic, alcohol concentration is the percentage of alcohol (ethyl or ethanol) in a person’s blood or in a person’s breath. Blood alcohol concentration is denoted as BAC (BAC 0.01% means 0.001 gram of alcohol in 100ml of blood).

When participating in traffic, drivers must not exceed the prescribed alcohol concentration level or they will be punished according to the law.

2. Penalties for alcohol concentration according to legal regulations

According 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 Alcohol and Beer Harms, which stipulates penalties for administrative violations in the field of road and railway traffic, penalties are also prescribed for acts related to driving a vehicle when there is alcohol concentration in the blood or breath: “Driving a vehicle participating in road traffic when there is alcohol concentration in the blood or breath”

Specific penalties for violations of alcohol concentration are prescribed in Decree No. 100/2019/ND-CP, amended by Decree 123/2021/ND-CP as follows:

Alcohol concentration Penalty level

Car Motorcycle Tractor, specialized motorcycle Bicycle

Level 1: Not exceeding 50mg/100ml of blood or not exceeding 0.25mg/1l of breath Fine 6,000,000 – 8,000,000 VND. Suspension of driving license for 10-12 months Fine 2,000,000 – 3,000,000 VND. Suspension of driving license for 10-12 months Fine 3,000,000 – 5,000,000 VND. Suspension of driving license for 10-12 months Fine 80,000 – 100,000 VND

Level 2: Exceeding 50 mg to 80 mg/100 ml of blood or exceeding 0.25 mg to 0.4 mg/1 liter of breath Fine 16,000,000 – 18,000,000 VND. Suspension of driving license for 16-18 months Fine 4,000,000 – 5,000,000 VND. Revocation of driving license from 16-18 months Fine of 6,000,000 – 8,000,000 VND. Revocation of driving license, traffic knowledge training certificate from 16-18 months Fine of 200,000 – 300,000 VND

Level 3: Exceeding 80 mg/100ml of blood or exceeding 0.4 mg/1l of breath Fine of 30,000,000 – 40,000,000 VND. Revocation of driving license from 22-24 months Revocation of license Fine of 6,000,000 – 8,000,000 VND. Revocation of driving license from 22-24 months Fine of 16,000,000 – 18,000,000 VND. Revoking driving license, certificate of training in road traffic law knowledge from 22 – 24 months Fine 400,000 – 600,000 VND

Based on the above regulations, the highest fine for a car driver participating in traffic with a blood alcohol concentration is 40,000,000 VND, and the right to use a driving license is revoked for a maximum of 24 months. The highest fine for a motorbike driver participating in traffic with a blood alcohol concentration is 8 million VND, and the right to use a driving license is revoked for a maximum of 24 months.

3. Can I retake the driving test if my driving license is revoked?

According to Clause 1, Article 25 of the Law on Handling of Administrative Violations 2012, “Deprivation of the right to use licenses or practice certificates for a definite time is a sanction applicable to individuals and organizations that seriously violate their licenses’ or practice certificates’ provisions on their operations. In the duration of deprivation of the right to use licenses or practice certificates, individuals and organizations may not conduct operations stated in such licenses or practice certificates.”

At the same time, Clause 5, Article 81 of Decree No. 100/2019/ND-CP stipulates: “In cases where a violator is subject to the penalty of revocation of the right to use a license or practice certificate, but the remaining validity period of the license or practice certificate is less than the revocation period, the competent authority shall still issue a penalty decision applying the penalty of revocation of the right to use a license or practice certificate as prescribed for the violation. During the period of revocation of the right to use a license or practice certificate, individuals and organizations are not allowed to carry out procedures for reissuance or reissuance of a license or practice certificate.”

According to Point g, Clause 3, Article 37 of Decree No. 100/2019/ND-CP, taking a new driving test during the period of license revocation is a violation of the law:

“3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for:

g) The individual that provides false information or fraudulent documents to be allowed to learn, take the test and to be granted the driving license or certificate of training in traffic rules;”

In addition, re-examining and re-issuing a new driving license shall only be carried out in the cases specified in Article 36 of Circular 12/2017/TT-BGTVT, excluding cases where a person whose driving license is temporarily suspended is allowed to retake the test.

“Article 36. Re-issuing a driving license

1. A person whose driving license has expired

a) From 03 months to less than 01 year, from the expiration date, the theory test must be re-issued to reissue the driving license;

b) From 01 year or more, from the expiration date, both theory and practice must be re-issued to reissue the driving license.”

Based on the above, during the time the driving license is revoked to ensure the decision to punish the violation, the violator is not allowed to retake the test.