“Hello, Lawyer, on May 25, 2022, after I got off work, I drank alcohol and drove a motorbike right after. On the way home, I was asked by the traffic police to test my alcohol content, the result was 0. 4 milligrams/1 liter of breathing air I was asked to pay a fine of VND 5,000,000 and have my driving license revoked for 18 months, is that correct? Motorbike alcohol concentration penalty 2022. Please advise.”. Thank you for your question.
Hi friends, participating in traffic after drinking alcohol is one of the leading reasons causing unfortunate accidents today and to prevent it, our state has regulated the behavior of participating in traffic after Drinking alcohol as one of the prohibited acts in the road traffic law. So what is the 2022 motorcycle alcohol concentration penalty? How is it regulated? Today, LSX Lawfirm will give you an article about “Motorbike alcohol concentration penalty 2022“, as follows:
Legal grounds
Road Traffic Law 2008
Decree 100/2019/ND-CP
What is alcohol concentration?
Alcohol: is a food alcoholic beverage, produced by fermentation from one or a mixture of raw materials consisting mainly of starch of cereals, sugars of plants, flowers, tubers, fruits, or beverages prepared from food alcohol.
Beer is a food alcoholic beverage, produced by fermentation from a mixture of main ingredients including malt (malt), barley, yeast, hops (houblon flowers), and water then.
Food alcohol is an organic compound with the molecular formula C2H5OH and the scientific name is ethanol with impurities removed, meeting the requirements for use in the food according to national technical regulations, capable of causing addiction. hallucinations are severe to the nervous system and cause acute poisoning then.
The alcohol content is a measure of the alcohol content of food in wine and beer, expressed as a percentage by volume. The alcohol content is calculated as the number of milliliters of pure ethanol in 100 ml of solution at 20 °C.
When driving a vehicle, alcohol easily makes the nervous system lose awareness, and self-control, lose the ability to determine the direction, and easily causes the driver to cause traffic accidents then.
How many ways are there to determine the alcohol concentration?
Determination of blood alcohol concentration
Blood alcohol concentration: C = 1,056*A:(10W*R)
In there:
A is the number of units of alcohol consumed (1 unit is equivalent to 220ml of beer (2/3 bottles) with 5% alcohol content, 100ml of wine with 13.5% alcohol concentration, 30ml of spirits with 40% alcohol concentration) then.
W is weight.
R is the alcohol absorption constant for sex (R=0.7 for men and R=0.6 for women).
Determination of alcohol concentration in breathing air
The alcohol concentration in breathing air: B = C: 210
So Traffic police officers will measure the alcohol concentration of road users with a “meter” of alcohol concentration.
Permissible alcohol concentration when participating in traffic
The law prohibits driving with alcohol in the blood or breath. That means you not allowed to have alcohol in your blood and breath while in traffic.
If you participate in traffic and tested for alcohol according to the level in section 2, the above sanctions will apply. Because the law does not set a limit on alcohol, you can fine if you have even the smallest blood alcohol level.
What is the blood alcohol concentration to be fined when participating in traffic?
Pursuant to the provisions of the law in Clause 8, Article 8 of the 2008 Traffic Law, the following acts strictly prohibited when participating in traffic:
- Firstly, Operating a car, tractor, or special-use motorcycle on the road with alcohol content in the blood or breath.
- Secondly, Operating a motorcycle or moped with an alcohol concentration exceeding 50 milligrams per 100 milliliters of blood or 0.25 milligrams per liter of breathing air.
Accordingly, having an alcohol concentration while driving still allowed, as long as it does not exceed 50 milligrams per 100 milliliters of blood or 0.25 milligrams per liter of breath. However, in Decree 100/2019 newly issued by the National Assembly, this practice has ban. Just when driving a vehicle with alcohol content in the blood or breath, it considered a traffic violation.
Motorbike alcohol concentration penalty 2022
– For alcohol concentration in blood or breath not exceeding 50 milligrams per 100 milliliters of blood or not exceeding 0.25 milligrams per liter of breathing air
Pursuant to Point c, Clause 6, Article 6 of Decree 100/2019/ND-CP stipulates: “6. A fine of between VND 2,000,000 and 3,000,000 shall impose on vehicle operators who commit one of the following violations:
[…] c) Operating a vehicle on the road with an alcohol content of fewer than 50 milligrams per 100 milliliters of blood; in the blood or breath or less than 0.25 milligrams per 1 liter of breathing air.”
Pursuant to Point dd Clause 10 Article 6 Decree, 100/2019/ND-CP stipulates: “10. In addition to being fined; the vehicle operator committing the violation shall also subject to the following additional sanctions:
[…] dd) Committing the act specified at Point c, Clause 6 of this Article, the right to use the driving license shall revoke from 10 months to 12 months.”
– For blood or breath alcohol concentrations exceeding 50 milligrams to 80 milligrams per 100 milliliters; of blood or exceeding 0.25 milligrams to 0.4 milligrams per liter of breathing air.
Pursuant to Point c, Clause 7, Article 6 of Decree 100/2019/ND-CP stipulates:
“7. A fine of between VND 4,000,000 and 5,000,000 shall impose on vehicle operators who commit one of the following violations:
[…] c) Driving on the road with an alcohol content of more than 50 milligrams to 80 milligrams; per 100 milliliters of blood in your blood or breath or 0.25 to 0.4 milligrams per liter of breathing air.”
In addition
Pursuant to Point e, Clause 10, Article 6 of Decree 100/2019/ND-CP stipulates:
“10. In addition to fine, the vehicle operator committing the violation shall also subject to the following additional sanctions:
[…] e) Committing the act specified at point c, clause 7 of this Article; the right to use the driving license shall revoke from 16 to 18 months.”
– For blood alcohol concentration in excess of breath; exceeding 80 milligrams per 100 milliliters of blood or exceeding 0.4 milligrams per liter of breathing air.
Pursuant to Point e, Clause 8, Article 6 of Decree 100/2019/ND-CP stipulates:
“8. A fine of between VND 6,000,000 and VND 8,000,000 shall impose on vehicle operators; who commit one of the following violations:
[…] e) Driving a vehicle on the road with alcohol; content of more than 80 milligrams per 100 milliliters of blood; in the blood or breath or more than 0.4 milligrams per 1 liter of breathing air.”
Pursuant to Point g, Clause 10, Article 6 of Decree 100/2019/ND-CP stipulates:
“10. In addition to fine, the vehicle operator committing the violation shall also subject to the following additional sanctions:
[…] g) Committing the act specified at Points e, Point g, Point h, Point I Clause 8 of this Article; the right to use the driving license shall revoke from 22 to 24 months.”.
Can I be stopped for an alcohol violation?
Article 82 of Decree 100/2019 / ND-CP stipulates that; persons with sanctioning competence (Traffic Police, Traffic Regulators); have the right to impose a fine for confiscation of vehicles in the following cases:
- Firstly, Immediate blocking in case of administrative violations (in this case, it can store for up to 07 days)
- Secondly, Ensure the execution of decisions on sanctioning administrative violations or check the situation as a basis for making sanctioning decisions.
- Thirdly, At the time of inspection, the vehicle driver failed to present one, several, or all of the documents (driver’s license, vehicle registration, certificate of technical safety, and environmental protection).
Therefore, the driver of a vehicle that commits a drunk driving violation will subject to an additional penalty of impounding the vehicle if one of the three conditions above met.
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Related questions
If you operate a special-use motorbike without complying with the request for an alcohol test by an official on duty, you will be fined from VND 16,000,000 to VND 18,000,000. In addition, you will also be deprived of the right to use your Driving License from 22 months to 24 months. Accordingly, when you fail to comply with the traffic police’s alcohol test requirements, in addition to being fined and stripped of your driver’s license as described above, you can also have your vehicle impounded until 07.
Violators can pay fines many times when they fully meet the conditions in Article 79 of the Law on Handling of Administrative Violations 2012, as amended by Clause 40, Article 1 of the Amended Law on Handling of Administrative Violations 2020.
Firstly, If you drink and then ride, you will also be fined because alcohol will have alcohol like regular alcohol. Secondly, If you have to drink medicinal alcohol, it’s best to use public transport. Thirdly, If you are weak, your back hurts, and if you try to drive even without alcohol, it will still be very dangerous.
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