DUI and strict rules

I dont know the exact law or where to find it. Just what I read in some translated news articles. Ive heard multiple times that cops will give DUI's for having a single beer in your system and showing any kind of alcohol content regardless of how little. Is this true or is there like a set amount? For example the US has a blood alcohol level of .08. Surely in vietnam it cant be .0001 percent or something so little right? Maybe it is but just double checking.
-@jrharvey

Not sure about the sources. Saw on the internet, so must be.................?

Really can not imagine police here ticketing, or jacking up someone for drinking, unless it is well,....really over the line stone drunk, falling off your motorbike, at which time, you lose your motorbike?......In a country where people ride on the wrong side of the road at will, traffic police are busy doing many things. Any one else care to comment?

MAc

I dont know the exact law or where to find it. Just what I read in some translated news articles. Ive heard multiple times that cops will give DUI's for having a single beer in your system and showing any kind of alcohol content regardless of how little. Is this true or is there like a set amount? For example the US has a blood alcohol level of .08. Surely in vietnam it cant be .0001 percent or something so little right? Maybe it is but just double checking.
-@jrharvey

Seems that at .08, the heavy-hitting fines begin, but for levels even less than .08, there can be fines (though minimal).

See this recent article.

"Yen Chau police said the case is the first ever in the district when a cyclist was fined for DUI. In accordance with Vietnamese law, anyone driving with alcohol present in their body faces either a fine or criminal charges.

Under current regulations, alcohol concentration of more than 80mg/100 ml of blood or 0.4mg/l of breath attracts the highest fines of VND30-VND40 million ($1,293-$1,724). Drunk driving only results in criminal prosecution when it causes accidents or other consequences." Source:VN Express Int'l (link)

edit:Decree No. 100/2019/ND-CP  (link to Google search)

@Aidan in HCMC thank you. That is especially helpful. It does seem like the bar is set quite low on the blood alcohol level. I pulled this from your link. I'm not really sure what the difference is between BAC and  BrAC and how that translates into how many beers. It does seem quite low though.

Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath;

@Mac68 The reason I even made this post was because of some pretty extreme paranoia from my wife and her family. Also where we live in Saigon just about every single night we pass by at least 1 or 2 police random checkpoints where they are giving breathalizers. The stops are completely random. I havent been stopped yet but we dont risk it after 10pm and if I have had anything at all within the last few hours my wife drives. Its just been annoying because my wife sometimes just wants a single beer and she always chooses to just not because of the fear. We do typically see at least a few people every night get tickets in our neighborhood. Never sure how much they drank though but they obviously arent falling over or seem all that bad. Just did the math and its pretty true that if my wife has a single beer she would need to wait an entire hour or more for her 100lb body to process it enough to be below the legal limit.

@jrharvey Great conversation...and I can appreciate your rationale for asking the question. In any foreign country it is always my rule of thumb to stay well below the bar when it comes to the law. That is especially true in some specific countries where tolerance is arbitrary at best. In fairness to traffic police in Vietnam where there are 50+ million scooters...policing driving infractions must be a challenge. Aside from normal rules of the road, which are a nightmare to control, I am told that DUI infractions are on the increase...or police are becoming less tolerant. I have accepted that after a couple of beers I am not safe in sandals so driving is not an option 😂. Be safe and thanks for generating the discussion.

@Aidan in HCMC thank you. That is especially helpful. It does seem like the bar is set quite low on the blood alcohol level. I pulled this from your link. I'm not really sure what the difference is between BAC and BrAC and how that translates into how many beers. It does seem quite low though.
Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath;

-@jrharvey

You're quite welcome. And yes, the bar is set low, but...

Drunk driving only results in criminal prosecution when it causes accidents or other consequences." Source:VN Express Int'l (link)

and...

BAC=Blood Alcohol Content

BrAC=Breath Alcohol Content

Conversion calculator for BAC to BrAC, here.

I dont know the exact law or where to find it. Just what I read in some translated news articles. Ive heard multiple times that cops will give DUI's for having a single beer in your system and showing any kind of alcohol content regardless of how little. Is this true or is there like a set amount? For example the US has a blood alcohol level of .08. Surely in vietnam it cant be .0001 percent or something so little right? Maybe it is but just double checking.
-@jrharvey

This is basically a rehash of a thread that ADMIN closed last fall:

expat.com/forum/viewtopic.php?id=1007745

Hopefully this thread will be closed soon too.

@Mac68 The reason I even made this post was because of some pretty extreme paranoia from my wife and her family. Also where we live in Saigon just about every single night we pass by at least 1 or 2 police random checkpoints where they are giving breathalizers. The stops are completely random. I havent been stopped yet but we dont risk it after 10pm and if I have had anything at all within the last few hours my wife drives. Its just been annoying because my wife sometimes just wants a single beer and she always chooses to just not because of the fear. We do typically see at least a few people every night get tickets in our neighborhood. Never sure how much they drank though but they obviously arent falling over or seem all that bad. Just did the math and its pretty true that if my wife has a single beer she would need to wait an entire hour or more for her 100lb body to process it enough to be below the legal limit.
-@jrharvey

JR.

Yes, I understand. However, I avoid driving the motorbike with my wife for other reasons. She does not drink alcohol, but is a terrible back seat person. Seems so anyway.

JR. taxis are very inexpensive here in VN. I am very surprised though that the tan uniformed police are really doing this. I can only guess that it is worth the additional revenue.

MAc

Hopefully this thread will be closed soon too.
-@OceanBeach92107

Why, why, why other than an overly literal interpretation of forum rules?   Although it is good that the forum rules prohibit promoting illegal activity, such rules are difficult to justify when the local culture overwhelmingly operates on non-observance of its own rules.  Also there has been considerable discussion of the fact that the culture repeatedly compromises with its own laws.  Anyone who has driven a motorbike after 8 PM or so has seen drunk driving rules routinely broken.   This is overwhelmingly a local and not an expat phenomenon.

Also although I assume the motives of the ministers who write such laws are good, written as they are, they must provide ample opportunities for enhancement of the income of the tan shirted.  Who wouldn't give up 2 million to the pockets of a policeman to avoid a fine of 40 million?

Hopefully this thread will be closed soon
-@OceanBeach92107

Why, why, why
-@THIGV

"hope springs eternal in the human breast" ~ Alexander Pope

Hopefully this thread will be closed soon too.
-@OceanBeach92107

Why, why, why other than an overly literal interpretation of forum rules?  Although it is good that the forum rules prohibit promoting illegal activity, such rules are difficult to justify when the local culture overwhelmingly operates on non-observance of its own rules. Also there has been considerable discussion of the fact that the culture repeatedly compromises with its own laws. Anyone who has driven a motorbike after 8 PM or so has seen drunk driving rules routinely broken.  This is overwhelmingly a local and not an expat phenomenon.
Also although I assume the motives of the ministers who write such laws are good, written as they are, they must provide ample opportunities for enhancement of the income of the tan shirted. Who wouldn't give up 2 million to the pockets of a policeman to avoid a fine of 40 million?
-@THIGV

At no point in this thread has any member promoted the commission of an illegal activity. Had any member done so, it would have been reported, and rightly so.

The OP stated in the opening post;

I dont know the exact law or where to find it. Just what I read in some translated news articles. Ive heard multiple times that cops will give DUI's for having a single beer in your system and showing any kind of alcohol content regardless of how little. Is this true or is there like a set amount? For example the US has a blood alcohol level of .08. Surely in vietnam it cant be .0001 percent or something so little right? Maybe it is but just double checking.  -@jrharvey

Each of the member's questions were answered with verifiable links.

The police do not make a secret of the penalties meted out for drink-driving offenses, and in fact have a rather robust policy of informing the public of the consequences of violating such laws. ("the public" includes travelers, tourists, and expats alike)

It would be a disservice to not inform members of the ramifications of their nonobservance of these laws.

Ignorance of the law, as we all learned, is no excuse.

Know the law, and stay within it.

Yes, I understand. However, I avoid driving the motorbike with my wife for other reasons. She does not drink alcohol, but is a terrible back seat person. Seems so anyway.
MAc
-@Mac68

Sounds like she'd be a good candidate for the position of your private chauffeur

@Aidan in HCMC Thank you for that. I had 0 intent of saying anything that would even come close to implying that I wanted to do anything to break the law. Actually it was very much the opposite. Trying to stay within the law but the problem is figuring out what the law is.

After investigating further and reading the actual law more it does look like fines can be pushed out between 2-3 million for even having the smallest amount of alcohol. The below is for anything below .5 and .25 of breath.

6. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

c) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath;

@Aidan in HCMC Thank you for that. I had 0 intent of saying anything that would even come close to implying that I wanted to do anything to break the law. Actually it was very much the opposite. Trying to stay within the law but the problem is figuring out what the law is.
After investigating further and reading the actual law more it does look like fines can be pushed out between 2-3 million for even having the smallest amount of alcohol. The below is for anything below .5 and .25 of breath.

6. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:
c) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath;

-@jrharvey

Understood.

I believe the wording is unequivocal, and even more restrictive than BAC <50 / BrAC <.25.

In accordance with Vietnamese law, anyone driving with alcohol present in their body faces either a fine or criminal charges.Source:VN Express Int'l (link)

It is my understanding that no level of alcohol in ones system is legally permissible in VN when driving.

Fines escalate with increased alcohol level.

Hopefully this thread will be closed soon
-@OceanBeach92107
Why, why, why
-@THIGV

"hope springs eternal in the human breast" ~ Alexander Pope
-@OceanBeach92107

https://www.youtube.com/watch?v=pEmX5HR9ZxU

MAc

If you choose to drink and drive face the consequences whatever they maybe.

Crab is so cheap you only have yourself to blame if you drink and drive.

Good news, maybe.  Tests for alcohol in body fluids or breath have limitations regarding the amount of alcohol that can be detected.  Each different type of  test can detect alcohol only down to a certain level.  If yours is below that amount, you're home free. 

Call Grabcar or Grabbike. It's so cheap why risk it? Remember we are guests in a foreign country. Just obey the laws. 

Call Grabcar or Grabbike. It's so cheap why risk it? Remember we are guests in a foreign country. Just obey the laws.
-@drutter

Thanks Drutter, Colonization was over a long time ago.

MAc

Good news, maybe. Tests for alcohol in body fluids or breath have limitations regarding the amount of alcohol that can be detected. Each different type of test can detect alcohol only down to a certain level. If yours is below that amount, you're home free.
-@williamherron13

Good news for whom?

The person who is hoping to be able to drink as much as possible and still escape detection?

Not so much good news for someone who gets hit by them, even though they are only slightly impaired...