How much is the fine for alcohol concentration violation?
Pursuant to Articles 5 and 6 of Decree 100/2019 (amended and supplemented by Decree 123/2021), the penalty for alcohol concentration for motorbikes and cars will depend on the alcohol concentration measured per 100 milliliters of blood or 1 liter of breath. Specifically:
Penalty for alcohol concentration on motorbikes
Fine from 2 - 3 million VND if alcohol concentration does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 10 - 12 months.
Fine from 4 - 5 million VND if alcohol concentration exceeds 50 milligrams to 80 milligrams/100 milliliters of blood or exceeds 0.25 milligrams to 0.4 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 16 - 18 months.
Fine from 6 - 8 million VND if alcohol concentration exceeds 80 milligrams/100 milliliters of blood or exceeds 0.4 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 22 - 24 months.
Penalty for alcohol concentration in cars
Fine from 6 - 8 million VND if alcohol concentration does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 10 - 12 months.
Fine from 16 to 18 million VND if alcohol concentration exceeds 50 milligrams to 80 milligrams/100 milliliters of blood or exceeds 0.25 milligrams to 0.4 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 16 to 18 months.
Fine from 30 - 40 million VND if alcohol concentration exceeds 80 milligrams/100 milliliters of blood or exceeds 0.4 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 22 - 24 months.
The only case of alcohol concentration violation can pay the fine in installments
Paying fines multiple times is regulated in Article 79 of the Law on Handling of Administrative Violations 2012. Accordingly:
Multiple payment of fines is applicable when the following conditions are met:
Fines from 20,000,000 VND or more for individuals and from 200,000,000 VND or more for organizations.
Having special economic difficulties and having a request to pay fines in installments. The individual's request must be confirmed by the People's Committee of the commune where the person resides or the agency or organization where the person studies or works to have special economic difficulties; the request of an organization must be confirmed by the directly managing tax authority or the directly superior agency or organization.
The deadline for paying multiple fines is no more than 6 months from the effective date of the penalty decision; the maximum number of fines paid is no more than 3 times.
The first fine payment is at least 40% of the total fine.
The person who issued the decision to impose a fine has the right to decide to pay the fine in installments. The decision to pay the fine in installments must be in writing.
According to Decree 100/2019/ND-CP (amended in Decree 123/2021/ND-CP), there are many levels of penalties for alcohol concentration violations.
However, only the highest penalty, a fine of 30 million to 40 million VND for cars, exceeds the 20 million threshold for multiple payments. Other violations are below the 20 million threshold, so they are not eligible for multiple payments.
Thus, for the violation of alcohol concentration, only the highest level for cars violating alcohol concentration can violators apply to pay fines multiple times. However, violators must also fully meet the conditions prescribed in Article 79 of the Law on Handling of Administrative Violations 2012 to be able to pay fines multiple times, and paying fines multiple times must be done in accordance with the legal procedures.
Minh Hoa (t/h)
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