From 2020, Alcohol Concentration Checks - Do Not Abandon Your Vehicle

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Complete list of new fines for cars and motorcycles from January 1, 2020

Given the significant increase in fines, especially those for alcohol-related violations, drinkers have been spreading ways to evade the traffic police's (CSGT) request for an alcohol test by abandoning their vehicles, opting to accept a fine for the act of Not complying with orders rather than being fined for Alcohol violation.

However, this is an extremely mistaken notion. Because when issuing this Decree, the Government of Vietnam has stipulated very strict penalties for the act of evading or not complying with the CSGT's request for an alcohol test.

The act of non-compliance with the alcohol test or abandoning the vehicle is considered a legal violation and is subject to the highest administrative fine, or even criminal prosecution for Obstructing an officer on duty. Specifically, point g, Clause 8, Article 6 of Decree 100/2019/ND-CP stipulates a fine ranging from 6,000,000 VND to 8,000,000 VND for drivers committing one of the following violations:

“g) Not complying with the request for an alcohol test by an officer on duty;”

In addition to the monetary fine, the person who does not comply with the request for an alcohol test will also face an additional penalty of having their driving license revoked from 22 months to 24 months. (Previously, Decree 46/2016/ND-CP stipulated that this act would result in a 4-month to 6-month license revocation and a maximum fine of 4,000,000 VND).

In case of criminal prosecution, the violator may face a penalty of non-custodial reform of up to 3 years or imprisonment from 6 months to 3 years. Specifically, Clause 1, Article 330 of the Criminal Code 2015 states that those who use force, threaten to use force, or employ other means to obstruct an officer on duty from performing their duties, or force them to perform illegal acts, shall be subject to non-custodial reform of up to 3 years or imprisonment from 6 months to 3 years.

Therefore, it is prudent for citizens to comply with CSGT requests rather than seeking ways to evade or shirk responsibility when violating the law. Strict adherence to the slogan If you drink, don't drive is the best way to protect one’s own life and health, as well as those of others, while participating in traffic.

For more details, refer to Decree 100/2019/ND-CP effective January 1, 2020.

Toan Trung

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