Driving a vehicle after drinking alcohol is a violation of the law and will be strictly handled in accordance with the law. Around this topic, we receive a lot of related questions from our readers. Including the following question about how much is the fine for drinking while driving:
“Hello Lawyer, I am currently living in Hanoi. I have the following question: Driving after drinking is always a dangerous offense. So what is the legal punishment for this violation? Looking forward to Lawyer X’s answer, thank you.”
Legal grounds
- Decree 100/2019/ND-CP
- Law on handling of administrative violations 2012, amendments and supplements 2020
- Penal Code 2015 amended and supplemented in 2017
Regulations on the level of fines according to the law
General rules
According to Article 23 of the Law on Handling of Administrative Violations 2012, amended and supplemented in 2020, the following provisions are made:
“first. For inner-city areas of centrally-run cities, the fine levels may be higher, but must not exceed 02 times the general fine level applied to the same violations in the field of road traffic; environmental protection; social order and security.”
Thus, according to the above regulations, in case the violator is in the inner city of central-affiliated cities, the fine level will be higher than the level prescribed on the fine level of drinking alcohol while driving.
However, this sanction will not exceed 2 times the prescribed amount and will have to pay a fine within the prescribed time limit for paying administrative fines.
Specific fines
In addition, in Clause 4 of this Article it is provided that:
“4. The specific fine level for an act of administrative violation is the average level of the fine bracket prescribed for that act; if there are extenuating circumstances, the fine level may be reduced; but must not reduce the minimum amount of the fine bracket; if there are aggravating circumstances, the fine level may be increased; but must not exceed the maximum fine of the fine bracket.”
Thus, the penalty for drinking alcohol while driving will normally be the average amount in the penalty frame. If there is aggravating behavior, it will be the ceiling in the sanctioning frame and vice versa when there are extenuating circumstances.
What is the penalty for drinking while driving?
For car drivers
The fines for drinking alcohol while driving for car drivers are divided into the following cases:
Case 1:
- Driving cars and vehicles similar to cars on the road with alcohol content in blood or breath but not exceeding 50 milligrams per 100 milliliters of blood or 0.25 milligrams per liter of breathing air . (Point c Clause 6 Article 5)
Penalty level: A fine ranging from VND 6,000,000 to VND 8,000,000.
Additional sanction: Deprivation of the right to use the driving license from 10 months to 12 months.
Case 2:
Driving on a 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. (Point c Clause 8 Article 5)
Penalty level: A fine ranging from VND 16,000,000 to VND 18,000,000.
Additional sanction: Deprivation of the right to use the driving license from 16 months to 18 months.
Case 3:
– Driving a vehicle on the road with an 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; Failure to comply with the request of the official to test the alcohol concentration. (Points a and b, Clause 10, Article 5)
Penalty level: A fine ranging from VND 30,000,000 to VND 40,000,000.
Additional sanction: Deprivation of the right to use the driving license from 22 months to 24 months.
For motorcyclists and mopeds (including electric scooters)
The fines for driving while driving a motorcycle or moped are divided into the following cases:
Case 1:
Driving a vehicle on the road with alcohol content in blood or breath but not exceeding 50 milligrams per 100 milliliters of blood or 0.25 milligrams per liter of breathing air. (Point c Clause 6 Article 6)
Penalty level: Fine from 2,000,000 VND to 3,000,000 VND
Additional sanction: Deprivation of the right to use the driving license from 10 months to 12 months.
Case 2:
Driving on a 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. (Point c Clause 7 Article 6)
Penalty level: A fine ranging from VND 4,000,000 to VND 5,000,000.
Additional sanction: Deprivation of the right to use the driving license from 16 months to 18 months.
Case 3:
– Driving a vehicle on the road with an 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; Failure to comply with the request of the official to test the alcohol concentration. (Points e, g, Clause 8, Article 6)
Penalty level: A fine ranging from VND 6,000,000 to VND 8,000,000.
Additional sanction: Deprivation of the right to use the driving license from 22 months to 24 months.
For operators of tractors and special-use motorcycles
The fines for drinking alcohol while driving for special-use motorbikes or tractors are divided into the following cases:
Case 1:
Driving a vehicle on the road with alcohol content in blood or breath but not exceeding 50 milligrams per 100 milliliters of blood or 0.25 milligrams per liter of breathing air. (Point c, Clause 5, Article 7)
Penalty level: A fine ranging from VND 1,000,000 to VND 2,000,000.
Additional sanction: Deprivation of the right to use the driver’s license (when operating a tractor), certificate of training in law knowledge on road traffic (when operating special-use motorbikes) from 01 month to 03 months.
Case 2:
Driving on a 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. (Point b, Clause 7, Article 7)
Penalty level: Fine from 6,000,000 VND to 8,000,000 VND
Additional sanction: Deprivation of the right to use the driving license (when operating a tractor), certificate of training in law knowledge on road traffic (when operating special-use motorbikes) from 16 months to 18 months.
Case 3:
– Driving a vehicle on the road with an 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; Failure to comply with the request of the official to test the alcohol concentration. (Points a and b Clause 9 Article 7)
Penalty level: Fine from 16,000,000 VND to 18,000,000 VND
Additional sanction: Deprivation of the right to use the driver’s license (when operating a tractor), the certificate of training in road traffic law knowledge (when operating a special-use motorcycle) from 22 months to 24 months.
For drivers of bicycles and motorbikes (including electric bicycles)
The penalty for drinking and driving while driving is divided into the following cases:
Case 1:
Driving a vehicle on the road with alcohol content in blood or breath but not exceeding 50 milligrams per 100 milliliters of blood or 0.25 milligrams per liter of breathing air. (Point q, Clause 1, Article 8)
Penalty level: A fine of between VND 80,000 and VND 100,000.
Case 2:
Driving on a 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. (Point e, Clause 3, Article 8)
Penalty level: A fine of from 200,000 VND to 300,000 VND.
Case 3:
– Driving a vehicle on the road with an 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; Failure to comply with the request of the official to test the alcohol concentration. (Points c, d, Clause 4, Article 8)
Penalty level: A fine ranging from VND 400,000 to VND 600,000.
What is the penalty for drinking and driving causing an accident?
According to Article 260 of the Penal Code 2015, amended and supplemented in 2017, the act of driving causing a fatal accident will be examined for penal liability according to the provisions of the following penalties:
Penalty for 1 drink while driving causing an accident
Those who participate in road traffic but violate regulations on road traffic safety in one of the following cases; shall be fined from VND 30,000,000 to VND 100,000,000; non-custodial reform for up to 03 years or imprisonment from 01 to 05 years:
a) Killing 01 person or causing injury or causing harm to the health of 01 person; with an injury rate of 61% or more;
b) Inflicting injury or causing harm to the health of 02 people; with an injury rate of each person from 31% to 60%;
c) Inflicting injury or causing harm to the health of 3 or more people; the total injury rate of these people is from 61% to 121%;
d) Causing property damage of between VND 100,000,000 and under VND 500,000,000.
Penalty for 2 drinks while driving causing an accident
Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 3 and 10 years of imprisonment:
a) Do not have a driver’s license or have their driver’s license revoked as prescribed;
b) In the state of alcohol or beer use, the concentration of alcohol in the blood or breath exceeds the prescribed level; or has used drugs or other strong stimulants that are prohibited by law;
c) Causing an accident and then fleeing to evade responsibility or intentionally not helping the victim;
d) Failure to obey orders of traffic controllers or instructions;
d) Causing death of 02 people;
e) Inflicting injury or causing harm to the health of 02 people; with an injury rate of 61% or more per person;
g) Inflicting injury or causing harm to the health of 3 or more people; that the total injury rate of these people is from 122% to 200%;
h) Causing property damage of between VND 500,000,000 and under VND 1,500,000,000
Penalty for 3 drinking alcohol while driving causing an accident
Committing the crime in one of the following schools, the offenders shall be sentenced to between 07 and 15 years of imprisonment:
a) Causing death of 03 people or more;
b) Inflicting injury or causing harm to the health of 03 people; with an injury rate of 61% or more per person;
c) Inflicting injury or causing harm to the health of 3 or more people; whose total bodily injury rate is 201% or more;
d) Causing property damage of VND 1,500,000,000 or more.
Penalty of 4 drinking alcohol when driving causes an accident
Road users who violate regulations on road traffic safety causing injury; or cause harm to the health of 1 person with an injury rate of between 31% and 60%; or cause injury; or cause harm to the health of 02 or more people with a total injury rate of between 31% and 60%; shall be subject to a fine of between VND 30,000,000 and 100,000,000 or non-custodial reform for up to 3 years.
Penalty of 5 drinking alcohol while driving causing an accident
Violations against regulations on road traffic safety that are likely to result in loss of life; the health or property of others if not promptly prevented; shall be fined from 10,000,000 VND to 50,000,000 VND; shall be sentenced to non-custodial reform for up to 1 year or a prison term of between 3 months and 1 year.
Additional penalties for driving under the influence of alcohol and causing an accident
Offenders may also be banned from holding certain posts; prohibited from practicing certain occupations or doing certain jobs for between 01 and 05 years.
Please see more articles:
- Procedures for transferring motorbike name in Vietnam
- Determining the fault factor when a traffic accident occurs in Vietnam
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Frequently asked questions
To be administratively sanctioned, specifically a fine of between VND 4,000,000 and 5,000,000.
In addition, in addition to the main penalty, additional sanctions will also be applied such as: deprivation of the right to use a driving license for the time period prescribed by law depending on each violation.
Offenders may also be banned from holding certain posts; prohibited from practicing certain occupations or doing certain jobs for between 01 and 05 years.
Conclusion: So the above is Penalties for drinking alcohol while driving in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
