How to understand the alcohol content ‘within the threshold’ will not be fined when participating in traffic?

There are many people based on the regulations of the Ministry of Health on blood alcohol concentration to think that when the alcohol concentration is “within the threshold” of 10.9 mmol/l, there will be no penalty. However, according to a representative of the Ministry of Health, this regulation is to classify levels and thresholds corresponding to the level of expression affecting health and life.
In this regard, Ms. Tran Thi Trang, Deputy Director of the Legal Department, Ministry of Health said that currently, legal documents do not have regulations on natural alcohol in the body.

Regarding the regulation of blood alcohol concentration , Decision No. 320/QD-BYT dated January 23, 2014 of the Minister of Health regulates the quantification of ethanol (quantification of alcohol concentration) in blood in Section 60. .

Accordingly, at point IV “recognizing results” of section 60, it is written:

  • Normal value: <10.9 mmol/l.
  • Ethanol 10.9-21.7 mmol/l: Facial flushing, vomiting, slow reflexes, decreased sensitivity.
  • 21.7 mmol/l: Manifestations of central nervous system depression.
  • 86.8 mmol/l: May be life-threatening.

Analyzing regulations on ethanol quantification, according to Ms. Tran Thi Trang: The above content in Decision No. 320/QD-BYT is a classification of alcohol concentration levels/thresholds corresponding to the degree of manifestation of health effects, life by medical profession.

A level <10.9 mmol/l indicates a result with a blood alcohol concentration of less than 10.9 mmol/l (equivalent to 50 mg/100 ml of blood), which is not synonymous with the “allowed blood alcohol level” interpretation. 0.5023 mg/ml of blood” or “consider it natural alcohol in the body.”

Therefore, in case a driver has a blood alcohol concentration of less than 10.9 mmol/l, he or she has a blood alcohol concentration and shall comply with the provisions of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer and Decree No. 100. /2019/ND-CP for consideration and settlement.

Ms. Tran Thi Trang also added: The 2008 Road Traffic Law stipulates that it is forbidden to “operate a car, tractor, or special-use motorcycle on the road with alcohol content in blood or breath” and has been applied stably. regulations imposed on drivers of cars, tractors and special-use motorcycles for 10 years before the Law on Prevention and Control of Harmful Effects of Alcohol and Beer is promulgated. The Law on Prevention and Control of Harmful Effects of Alcohol and Beer has inherited this regulation, extending it to drivers of motorbikes and other means of transport.

In the context that the use of alcohol and beer in Vietnam is at a high level, tends to increase rapidly and the adverse effects of alcohol use on health, economy and society are increasing. increase, especially alcohol, beer is one of the top 3 causes of increased traffic accident rate among men aged 15-49 and traffic accidents related to alcohol and beer are estimated to account for 36.2% In men and 0.7% in women, the National Assembly decided to ban “Driving a vehicle with alcohol in blood or breath”.

Ms. Trang also said that in Clause 5, Article 2 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer, it is prohibited to “drive a vehicle with alcohol in blood or breath” and Decree No. 100/2019 /ND-CP regulations on sanctioning of administrative violations in the field of road and railway traffic has prescribed penalties for acts related to driving a vehicle when there is alcohol in the blood or breath. .

Therefore, driving a vehicle when there is alcohol in the blood or breath is a violation of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer and Decree No. 100/2019/ND-CP.

Information Traffic Police Department, 2023 is determined to be the year to handle violations of alcohol content with the goal of reducing traffic accidents, especially especially serious accidents related to beer, alcohol.

According to statistics of the Hanoi Traffic Police Department, from December 14, 2022 to February 6, 2023, the unit inspected and handled 10,062 cases of alcohol violations, fined more than 57 billion VND. VND, seized more than 10,000 vehicles (including 1,578 cars), stripped of 5,761 driving licenses. Analysis by level of violation, exceeding 0.4mg/L of breathing air in 1,524 cases.

According to the Non-communicable Disease Risk Factor Survey in 2021, the percentage of Vietnamese men who drink alcohol is very high. According to statistics, in 2021, up to 64% of men and 10% of women currently drink alcohol in the past 30 days. Notably, the rate of drinking at dangerous levels has increased over the years, especially among men. 1 in 3 men drink at dangerous levels.

Alcohol is a direct cause of at least 30 diseases and injuries and an indirect cause of at least 200 diseases in the International Classification of Diseases. Alcohol is the second leading risk factor for disability and death in Vietnam.

Besides, alcohol is also the biggest cause of 30% of social disorder cases and 33.7% of domestic violence cases in Vietnam. Alcohol use is also one of the causes of increasing gender and socioeconomic inequalities, challenging efforts to reduce poverty sustainably.

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