How much is the fine for not complying with alcohol concentration measurement?

Specifically, based on the provisions of Point g Clause 8 and Point g Clause 10, Article 6 of Decree No. 100/2019/ND-CP:

Penalties for drivers and passengers of motorbikes, mopeds (including electric motorbikes), motorbike-like vehicles and moped-like vehicles violating road traffic rules.

Fine of 6 - 8 million VND for drivers who commit one of the following violations: Failure to comply with the request of an officer on duty to check alcohol concentration.

In addition to being fined, the driver who commits the violation shall also be subject to the following additional penalties: Committing the acts specified in Point e, Point g, Point h, Point i, Clause 8 of this Article shall have his/her driving license revoked for 22 - 24 months.

Thus, motorcyclists who do not comply with traffic police's request for alcohol concentration testing will be fined 6 - 8 million VND. In addition, the driver will also have his/her driving license revoked for 22 - 24 months.

In particular, if the violator intentionally fails to comply or obstructs the traffic police from measuring alcohol concentration, he or she may be criminally prosecuted for the crime of Resisting a person on official duty under Article 330 of the 2015 Penal Code.

Accordingly, anyone who uses force, threatens to use force or uses other tricks to prevent a public official from performing his or her official duties or forces them to commit an illegal act shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.

Committing a crime in one of the following cases shall be punishable by imprisonment from 2 to 7 years: Organized; committing the crime twice or more; inciting, enticing, or provoking others to commit a crime; causing property damage of 50 million VND or more; dangerous recidivism.

Currently, violations of alcohol concentration are only subject to administrative penalties, therefore, if you happen to drink alcohol while driving, you should comply with the inspection of the authorities, absolutely must not evade, especially resist the officers on duty to avoid legal problems.

How to deal with car drivers who refuse to take alcohol tests?

Clause 10 and Point h, Clause 11, Article 5 of Decree No. 100/2019/ND-CP stipulating administrative sanctions in the field of road and railway traffic stipulates sanctions for drivers of cars and similar vehicles violating road traffic rules.

A fine of 30 - 40 million VND shall be imposed on drivers who commit one of the following violations:

Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath.

Failure to comply with the request for alcohol testing by an officer on duty.

Driving on the road while under the influence of drugs.

Failure to comply with the request for drug testing by an officer on duty.

In addition to being fined, the driver who commits the violation shall also be subject to additional penalties: Committing the act specified in Clause 10 of this Article shall have his/her driving license revoked for 22 - 24 months.

Based on the above regulations, car drivers who do not comply with the request of the authorities to check their alcohol concentration will be fined from 30 million to 40 million VND. In addition, the driver will also have his/her driving license revoked for 22 to 24 months.

Minh Hoa (t/h)

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