Recently, traffic police forces nationwide have stepped up the handling of alcohol violations. Besides the debate on whether alcohol concentration should be completely banned, some people wonder if there will be a penalty if a driver drinks alcohol before driving but the breathalyzer test does not show the alcohol concentration?
Traffic police check alcohol concentration of drivers participating in traffic
Only fine when the meter detects alcohol concentration
On the evening of March 12, Traffic Police Team No. 6 (Traffic Police Department, Hanoi City Police) signaled a car driven by a woman, carrying her husband.
When the car door was opened, the task force smelled a strong smell of alcohol. The female driver admitted that she and her husband had consumed alcohol and beer that afternoon. However, the test results showed that there was no alcohol concentration in the woman’s breath.
A member of the working group said that depending on each person’s constitution, the alcohol concentration in the body will be eliminated quickly or slowly. In the above case, if the meter does not detect alcohol concentration, the driver will not be in violation, even if they admit to having consumed alcohol or beer before.
Lawyer Nguyen Thi Thuy, Hanoi Bar Association, said that not punishing the female driver mentioned above is completely reasonable.
In principle, if there is a violation of alcohol concentration, the traffic police will have to use a measuring device to check. If the device detects an alcohol concentration greater than 0, this will be the basis for determining the level of violation and making a record of the violation.
On the contrary, if the machine gives a result of 0, it means there is no basis to conclude that the driver violated the alcohol concentration, even though they admitted to drinking alcohol.
The lawyer emphasized that the basis for the penalty is the result extracted from the measuring device, which is a technical device that has been inspected according to legal regulations, and cannot be based on the driver's testimony. Therefore, in the case that the driver affirms that he did not drink alcohol but the measuring device detects alcohol concentration, the traffic police still have full grounds to handle the case.
The lawyer also said that the situation of the female driver in Hanoi could be due to many factors, including her body eliminating alcohol concentration well. However, this is not common, drivers need to strictly follow the regulation of not driving after drinking alcohol, avoiding subjective and risky mentality.
Strict handling of alcohol concentration violations is expected to contribute to raising drivers' awareness and reducing traffic accidents caused by alcohol.
Eating fruit and drinking syrup will result in alcohol concentration penalty?
Another question that many people are interested in is whether eating fruit, drinking syrup... has an alcohol concentration and will be punished or not?
Responding to this issue, a representative of the Traffic Police Department of the Ministry of Public Security said that the Traffic Police Department had directed the force to organize an experiment on the above situation.
The results showed that when eating sweet fruits (grapes, pineapples, etc.), alcohol concentration could not be detected.
For cough syrups, the initial reading is 0.6 - 1.2 milligrams/liter of exhaled air. However, the drinker only needs to wait 2 - 5 minutes or drink water for the reading to return to 0.
Therefore, the information that eating fruit or drinking syrup will result in a penalty for alcohol concentration is incorrect.
In addition to the experiment, the Traffic Police Department also informed functional units that if a driver says he or she has just eaten fruit or drunk syrup, they will be given water or have to blow again after 5 minutes.
If the test result shows no alcohol concentration, the traffic police will not impose a fine; on the contrary, if there is an alcohol concentration, it must be handled according to regulations.
Regarding this issue, at an online exchange on alcohol concentration organized by Tuoi Tre Online on March 4, Dr. Nguyen Trung Nguyen, Director of the Poison Control Center (Bach Mai Hospital), said that syrup products containing alcohol concentration must be clearly stated on the label (in terms of percentage, specific concentration), and at the same time, there must be a warning to users, if used, will there be any effects, and what the effects are.
According to the doctor, with products containing alcohol, eating a little will not pose a risk, but eating a lot will cause the body to develop alcohol concentration and easily get into trouble and have to explain.
Therefore, people need to know how the products they eat and drink are absorbed into their bodies. The production and supply side must also be responsible for providing clear information about the alcohol concentration in the product, with very clear warnings.
The management agency needs to be strict in the future, with alcoholic products sold to people having full labels, providing clear information about the alcohol concentration inside.
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