Breath alcohol measuring device is one of the technical equipment used by traffic police to detect traffic violations. According to Clause 2, Article 12 of Decree 135/2021/ND-CP, breath alcohol measuring devices can only be used when there is a decision or plan approved by a competent authority.
In addition, according to the provisions of Clause 1, Article 16 of Circular 32/2023/TT-BCA, traffic police officers performing patrol and control duties according to plan are allowed to stop vehicles for control in the following cases:
+ Directly detect or through professional technical equipment detect and collect violations of road traffic laws and other violations of laws.
+ Implement orders and plans for general vehicle control to ensure road traffic order and safety and social order; plans for patrolling, controlling and handling violations according to the topic of ensuring road traffic order and safety and social order issued by competent authorities.
+ There is a written request from the Head or Deputy Head of the investigation agency; a written request from a relevant competent authority to stop a vehicle for inspection to serve the work of ensuring security and order; fighting and preventing crimes; preventing and combating natural disasters, fires and explosions; preventing and combating epidemics; rescuing and other violations of the law.
The request document must specifically state the time, route, means of transport stopped for control, handling, and participating forces.
+ There are reports, reflections, recommendations, and denunciations from organizations and individuals about violations of the law by people and vehicles participating in road traffic.
According to Clause 1, Article 8 of Circular 32/2023/TT-BCA, when stopping a vehicle, the Traffic Police have the right to control the following contents: control people and vehicles, documents of the vehicle driver, documents of the vehicle and personal documents of people on the vehicle being controlled according to the provisions of law; control the implementation of regulations on road transport safety.
Thus, if the traffic patrol and control plan has been approved by the competent authority to use alcohol concentration measuring machines, even if the driver is driving legally, the traffic police still have the right to call in to test alcohol concentration.
In case the driver does not comply with the request of the officer on duty to check the alcohol concentration, he will be punished.
For car drivers
Clause 10 and Point h, Clause 11, Article 5 of Decree No. 100/2019/ND-CP regulating administrative sanctions for violations in the field of road and railway traffic (Decree No. 100) stipulates sanctions for drivers of automobiles 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.
Thus, drivers who do not comply with the request of the officer to check their alcohol concentration will be fined 30 - 40 million VND. In addition, the driver will also have his/her driving license revoked for 22 - 24 months.
Motorcyclist
Pursuant to 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.
Minh Hoa (t/h)
Source
Comment (0)