What Are the Fines for Drunk Driving in Vietnam and How to Avoid Them?

Drunk driving fines under Decree 168/2024/ND-CP (effective January 1, 2025) range from VND 6-8 million (cars, low BAC ≤50mg/100ml blood) to VND 30-40 million (cars, high BAC >80mg/100ml) with 22-24 month license suspension, while motorcycles face VND 2-3 million to VND 8-10 million with identical suspension periods—all violations include 4-10 license point deductions and 7-day vehicle impoundment; vehicle owners lending to drunk drivers face VND 8-10 million fines (individuals) or VND 16-20 million (organizations), plus criminal prosecution if accidents occur; to avoid violations, use Grab (VND 45,000-85,000 for typical 5-10km rides), Be (10-15% cheaper), XanhSM (no surge pricing) or traditional taxis (Mai Linh, Vinasun, G7 at VND 10,000-12,000/km plus VND 10,000-15,000 base fare), as police conduct 24/7 breathalyzer checkpoints nationwide with over 17,000 drunk driving cases detected during Tet 2025 alone (January 25-February 2) according to Vietnam+ official reporting.

Understanding Vietnam’s strict drunk driving laws is critical for foreign teachers, expats, and education professionals. Decree 168/2024/ND-CP significantly increased penalties effective January 2025, with aggressive enforcement through 24/7 police checkpoints.

Inside This Guide

When Can You Be Fined for Drunk Driving in Vietnam Under Decree 168/2024?

You can be fined at any detectable blood alcohol concentration (BAC) while operating any vehicle—cars face minimum VND 6-8 million fines for BAC ≤50mg/100ml blood or ≤0.25mg/L breath, motorcycles face minimum VND 2-3 million, and bicycles face minimum VND 100,000-200,000 under Articles 6, 7, and 9 of Decree 168/2024/ND-CP effective January 1, 2025. Traffic police conduct random breathalyzer tests at 24/7 checkpoints nationwide, particularly during evening hours (6PM-2AM), weekends, and holidays—during Tet 2025 (January 25-February 2), authorities detected over 17,000 drunk driving cases according to Vietnam+ official government reporting, demonstrating aggressive year-round enforcement with no minimum alcohol threshold exemptions.

BAC Measurement Standards in Vietnam

Vietnam measures blood alcohol concentration through two validated methods per Ministry of Public Security standards:

Blood concentration: milligrams per 100 milliliters of blood (mg/100ml)
Breath concentration: milligrams per liter of breath (mg/L)

According to Decree 168/2024/ND-CP, three penalty tiers apply:

Tier 1 (Low): ≤50mg/100ml blood OR ≤0.25mg/L breath
Tier 2 (Medium): >50-80mg/100ml blood OR >0.25-0.4mg/L breath
Tier 3 (High): >80mg/100ml blood OR >0.4mg/L breath

Official legal guidance confirms foreigners face identical testing procedures and penalties as Vietnamese citizens under Article 2 of Decree 168/2024/ND-CP.

Police Checkpoint Locations and Timing

Traffic police establish breathalyzer checkpoints strategically at:

Evening hours (6PM-2AM): High-traffic nightlife areas in Hanoi, Ho Chi Minh City, Da Nang
Major intersections: District centers, main boulevards, highway entries
Holiday periods: Tet (Lunar New Year), national holidays, weekend evenings
Post-event locations: Near bars, restaurants, entertainment districts
Random stops: Any time for suspicious driving (weaving, speeding, no lights)

During Tet 2025 (January 25-February 2, 2025), the Ministry of Public Security deployed 24/7 patrol units nationwide, detecting over 17,000 drunk driving cases with 445 traffic accidents, 209 deaths, and 373 injuries according to Vietnam+ official reporting—the National Traffic Safety Committee reported alcohol violations decreased 45.6% compared to Tet 2024, demonstrating Decree 168’s deterrent effect.

Immediate Consequences at Checkpoints

When stopped for breathalyzer testing:

Testing is mandatory – refusal triggers automatic maximum penalty
Vehicle impoundment – up to 7 days at all levels (Article 48)
License confiscation – temporary seizure pending fine payment
Written violation record – official documentation for fines >VND 250,000
On-spot payment – immediate for violations ≤VND 250,000

What Are the Exact Fines for Drunk Driving Cars in Vietnam?

Car drivers face VND 6-8 million fine plus 4 license points deducted for BAC ≤50mg/100ml blood, VND 18-20 million plus 10 points deducted for BAC >50-80mg/100ml, and VND 30-40 million plus license revocation for 22-24 months for BAC >80mg/100ml, with 7-day vehicle impoundment at all levels according to Article 6 of Decree 168/2024/ND-CP as confirmed by official government legal guidance.

Automobile Penalty Breakdown (Official 2025 Rates)

BAC Level (Blood)	BAC Level (Breath)	Fine Amount (VND)	License Points	License Revocation	Vehicle Impoundment
≤ 50 mg/100ml	≤ 0.25 mg/L	6,000,000 – 8,000,000	-4 points	None	Up to 7 days
>50-80 mg/100ml	>0.25-0.4 mg/L	18,000,000 – 20,000,000	-10 points	None	Up to 7 days
>80 mg/100ml	>0.4 mg/L	30,000,000 – 40,000,000	N/A	22-24 months	Up to 7 days

License Point System Implementation

Vietnam’s 12-point license system took effect January 1, 2025 under Decree 168/2024—all drivers start with 12 points annually:

4-point deduction: Low-level drunk driving (≤50mg/100ml BAC)
10-point deduction: Medium-level drunk driving (>50-80mg/100ml BAC)
Direct suspension: High-level drunk driving (>80mg/100ml BAC)—immediate 22-24 month revocation

According to Article 37 of Decree 168/2024, losing all 12 points triggers:

Immediate driving prohibition for minimum 6 months
Mandatory traffic law course retake required
Theory and practical exam retake required
12 points restored only after completing requirements

Important for IDP holders: International Driving Permit users (1968 Vienna Convention) don’t accumulate point deductions per official legal guidance—however, monetary fines and license suspensions fully apply.

Real Cost Impact for Foreign Teachers

For foreign teachers earning VND 30-50 million monthly:

Tier 1 fine (VND 6-8 million): 12-27% of monthly salary
Tier 2 fine (VND 18-20 million): 36-67% of monthly salary
Tier 3 fine (VND 30-40 million): 60-133% of monthly salary

Additional costs:

Vehicle retrieval: VND 50,000-100,000/day × 7 days = VND 350,000-700,000
Transportation: VND 100,000-200,000/day × 7 days = VND 700,000-1,400,000
License restoration: VND 200,000-500,000 administrative fees
Total Tier 3 cost: VND 31-42 million minimum

Just as drunk driving carries severe penalties, driving without a valid license in Vietnam results in substantial fines ranging from VND 2-20 million depending on vehicle type, with foreign teachers particularly vulnerable to license verification checks during routine traffic stops.

What Are the Exact Fines for Drunk Driving Motorcycles in Vietnam?

Motorcycle riders face VND 2-3 million fine plus 4 license points deducted for BAC ≤50mg/100ml blood, VND 6-8 million plus 10 points deducted for BAC >50-80mg/100ml, and VND 8-10 million plus 22-24 month license revocation for BAC >80mg/100ml, with 7-day vehicle impoundment at all levels according to Article 7 Clause 8 and Clause 9 of Decree 168/2024/ND-CP.

Motorcycle Penalty Breakdown (Official 2025 Rates)

BAC Level (Blood)	BAC Level (Breath)	Fine Amount (VND)	License Points	License Revocation	Vehicle Impoundment
≤ 50 mg/100ml	≤ 0.25 mg/L	2,000,000 – 3,000,000	-4 points	None	Up to 7 days
>50-80 mg/100ml	>0.25-0.4 mg/L	6,000,000 – 8,000,000	-10 points	None	Up to 7 days
>80 mg/100ml	>0.4 mg/L	8,000,000 – 10,000,000	N/A	22-24 months	Up to 7 days

Motorcycle vs. Car Penalty Comparison

Tier 3 Comparison (High BAC >80mg/100ml):

Motorcycle: VND 8-10 million = $315-395 USD
Car: VND 30-40 million = $1,180-1,575 USD
Ratio: Cars pay 3-4× higher than motorcycles

Identical penalties regardless of vehicle type:

License revocation: 22-24 months (both)
Vehicle impoundment: Up to 7 days (both)
Driving prohibition duration: Equal

Bicycle Drunk Driving Penalties

Even bicycles face alcohol penalties under Article 9 of Decree 168/2024/ND-CP:

BAC ≤50mg/100ml: VND 100,000-200,000
BAC >50-80mg/100ml: VND 300,000-400,000
BAC >80mg/100ml: VND 400,000-600,000

This demonstrates Vietnam’s comprehensive zero-tolerance approach—all vehicles including bicycles face drunk driving enforcement.

What Happens If You Refuse a Breathalyzer Test in Vietnam?

Refusing breathalyzer testing triggers automatic maximum penalty assessment—VND 30-40 million for cars and VND 8-10 million for motorcycles, plus 22-24 month license revocation identical to Tier 3 violations—under Article 6 and Article 7 of Decree 168/2024/ND-CP, with refusal providing zero legal protection as police interpret refusal as admission of highest BAC level. Official legal guidance confirms refusal carries identical consequences to high-level drunk driving (>80mg/100ml BAC), making cooperation with breathalyzer testing legally mandatory with no exceptions according to Ministry of Public Security enforcement guidelines.

Why Refusal Equals Maximum Penalty

Vietnamese traffic law operates under presumption of guilt for breathalyzer refusal:

Legal interpretation: Refusal = attempting to hide evidence of severe intoxication
Automatic assessment: Police impose Tier 3 maximum penalties immediately
No appeal basis: Refusal removes opportunity to prove lower BAC level
Criminal implications: Accidents after refusal trigger enhanced prosecution

What Happens During Refusal

According to official legal procedures and Ministry of Public Security guidelines:

First request: Officer explains testing requirement and consequences
Second request: Officer documents refusal in writing
Immediate penalty: Maximum fine assessed on-spot
Vehicle impoundment: 7 days mandatory
License confiscation: 22-24 month revocation processed immediately

Can You Verify Breathalyzer Accuracy?

Vietnamese law provides limited verification rights:

Device inspection: You may request to see device calibration certificate (required annually)
Re-test option: If you claim recent food consumption (durian, lychee, fermented foods), police may allow 30-60 minute waiting period then re-test
Blood test alternative: You may request blood draw at hospital for secondary verification—however, you pay all costs (VND 500,000-1,000,000) and remain in custody during transport

Important: Legal experts report zero documented cases of successful BAC challenges based on food consumption claims—police calibration procedures minimize false positives.

Are Vehicle Owners Fined If They Lend Their Car to Drunk Drivers?

Yes, vehicle owners face VND 8-10 million fines (individuals) or VND 16-20 million (organizations) for lending vehicles to drunk drivers under Article 32 Clause 10 of Decree 168/2024/ND-CP, and if accidents with injuries or death occur, owners face VND 10-50 million fines OR up to 3 years community sentence OR 3-12 months imprisonment per Penal Code Article 260 even if they weren’t present, as Vietnam’s Civil Code Article 601 classifies vehicles as “sources of extreme danger” placing legal responsibility on owners to ensure borrowers meet all qualifications including sobriety.

Owner Liability Breakdown (Verified Legal Sources)

Administrative Penalties (No Accident)

Owner Type	Fine Amount (VND)	Legal Basis
Individual owner	8,000,000 – 10,000,000	Article 32 Clause 10, Decree 168/2024
Company/Organization	16,000,000 – 20,000,000	Article 32 Clause 10, Decree 168/2024

Criminal Penalties (If Accident Occurs)

According to Penal Code Article 260:

Minor Accidents (1 death OR ≥61% disability to 1 person):

VND 10-50 million fine OR
Community sentence up to 3 years OR
Imprisonment 3-12 months
Civil compensation: VND 500 million-2 billion depending on severity

Serious Accidents (2+ deaths OR 3+ people ≥61% disability):

Imprisonment 3-7 years mandatory
Civil compensation: VND 2-10 billion+ depending on victims
Permanent criminal record

How Vehicle Owner Liability Works

Civil Code Article 601 requires owners verify borrowers:

Possess valid license (appropriate class for vehicle)
Are not intoxicated (alcohol, drugs, stimulants)
Meet age requirements (18+ for cars)
Have mental/physical capacity to drive safely

You face penalties even if:

You didn’t know borrower would drink
You explicitly forbade drinking
You weren’t present during violation
Borrower assured you of sobriety
Vehicle lent for legitimate purposes

Exceptions (NOT liable if):

Vehicle stolen with police report before violation
Borrower took vehicle without permission
Court determines reasonable precautions taken

Similar to vehicle lending liability, riding a motorcycle without a helmet in Vietnam triggers fines ranging from VND 100,000-200,000 for riders and separate penalties for vehicle owners who allow passengers to ride unhelmeted, demonstrating Vietnam’s dual liability approach across traffic violations.

What Are Additional Legal Consequences Beyond Fines?

Beyond administrative fines, drunk driving triggers criminal prosecution under Penal Code Article 260 if accidents cause injury or death—penalties range from VND 10-50 million fines OR 3-12 months imprisonment for 1 death up to 7-15 years imprisonment for 3+ deaths, plus mandatory civil compensation VND 500 million-10 billion—foreigners additionally face work permit revocation and potential deportation under Immigration Law, with Vietnamese criminal records preventing future visa applications. According to Ministry of Public Security reporting, Q1 2025 recorded 4,760 traffic accidents nationwide with 2,615 deaths, representing 27.8% decrease in accidents, 8% decrease in deaths compared to Q1 2024, demonstrating Decree 168’s deterrent impact per official government statistics (May 2025).

Criminal Prosecution Tiers (Penal Code Article 260)

Tier 1: Property Damage Only (No injury)

Fine: VND 10-30 million
Imprisonment: Not applicable
Civil compensation: Actual damages

Tier 2: Minor Injury (Non-hospitalization)

Fine: VND 10-50 million OR
Community sentence: Up to 3 years OR
Imprisonment: 3-12 months
Civil compensation: Medical costs + lost income

Tier 3: Serious Injury (1 death OR ≥61% disability)

Imprisonment: 2-7 years mandatory
Civil compensation: VND 500 million-2 billion
Additional: Permanent criminal record

Tier 4: Very Serious Injury (2+ deaths OR 3+ people ≥61% disability)

Imprisonment: 3-10 years mandatory
Civil compensation: VND 2-10 billion+
Additional: Lifetime driving prohibition possible

Tier 5: Extremely Serious Injury (3+ deaths)

Imprisonment: 7-15 years mandatory
Civil compensation: VND 10 billion+
Additional: Permanent criminal record, asset seizure

Immigration Consequences for Foreigners

According to Vietnam Immigration Law and Ministry of Foreign Affairs guidance:

Work Permit Revocation:

Criminal conviction → automatic work permit cancellation
Employer must terminate contract immediately
No work permit reissuance for 2-5 years depending on severity

Visa Cancellation:

Serious violations → residence permit revoked
15-day departure period granted
Overstaying penalty: VND 500,000-2,000,000/day

Deportation:

Criminal conviction → deportation order issued
Banned from re-entry: 1-10 years or permanently
Name added to immigration blacklist

Real case impact: Legal experts report foreign teachers convicted of drunk driving accidents face automatic contract termination, work permit cancellation, and deportation within 30 days—schools typically do not renew contracts or provide assistance.

Vehicle Impoundment Process

Article 48 of Decree 168/2024 specifies impoundment procedures:

Standard Impoundment (7 days):

Day 1-7: Vehicle held at police impound lot
Storage fees: VND 50,000-100,000/day (VND 350,000-700,000 total)
Retrieval requirements: Paid fine receipt, ID, vehicle registration
Transport: You pay taxi costs to/from impound facility

Extended Impoundment (Accidents):

Investigation period: 15-60 days depending on severity
Storage fees accumulate daily
Vehicle released only after criminal investigation concludes

How Can You Avoid Drunk Driving Violations in Vietnam?

Use ride-hailing apps—Grab costs VND 45,000-85,000 for typical 5-10km urban rides with GrabCar base fare VND 15,000-29,000 plus VND 10,000-18,000/km, Be offers 10-15% cheaper fares, XanhSM provides government-regulated rates without surge pricing—or traditional metered taxis (Mai Linh, Vinasun, G7 charge VND 10,000-12,000/km plus VND 10,000-15,000 base fare) as verified alternatives according to multiple Vietnam transportation sources (2025), eliminating drunk driving risk entirely while typical round-trip transportation costs VND 90,000-170,000 ($3.50-6.70 USD) compared to minimum VND 2-3 million motorcycle fines or VND 6-8 million car fines.

Best Transportation Alternatives After Drinking

Ride-Hailing Apps (Recommended Method)

Grab (Vietnam’s most popular ride-hailing app):

Coverage: Hanoi, Ho Chi Minh City, Da Nang, 20+ cities
Vehicle options:
- GrabCar (4-seater):
  - Base fare: VND 15,000-29,000 for first 2km
  - Per km: VND 10,000-18,000
  - Typical 5-10km ride: VND 45,000-85,000
  - Airport rides: VND 130,000-170,000
- GrabCar 7 (7-seater): VND 80,000-180,000 for groups
- GrabBike (motorcycle taxi): VND 25,000-70,000 solo riders
Payment: Cash, credit card, Moca e-wallet, GrabPay
Surge pricing: 2-3× during rush hour/bad weather
Key advantages:
- Upfront fixed pricing—no surprises
- GPS tracking—share ride with contacts
- Driver ratings—safety verification

Be (Vietnamese competitor):

Cost: Typically 10-15% cheaper than Grab per user comparisons
Coverage: All major cities nationwide
Promotions: Frequent codes (BAORE, RIDE40, GB30)
Payment: Cash, card, BeWallet

XanhSM (Vietnam national ride-hailing app):

Advantage: No surge pricing during peak hours/holidays
Coverage: All provinces (government-backed)
Cost: Government-regulated fixed fares

Traditional Metered Taxis

Mai Linh Taxi (Green vehicles, nationwide):

Base fare: VND 11,000-14,000
Per km: VND 15,000-18,000
Phone: 1900 54 54 54
App: Available

Vinasun Taxi (White/green vehicles, South Vietnam):

Base fare: VND 10,000-13,000
Per km: VND 15,000-20,000
Phone: (028) 38 27 27 27 (HCMC)

G7 Taxi (Yellow vehicles, Hanoi):

Base fare: VND 12,000-15,000
Per km: VND 16,000-21,000
Phone: 1900 1919

Typical taxi costs:

5km ride: VND 85,000-120,000
10km ride: VND 165,000-215,000
Airport (15-20km): VND 250,000-350,000

Cost Comparison: Ride-Hailing vs. Drunk Driving Fine

Scenario: Evening with dinner and drinks, round-trip 7km each way

Ride-hailing option:

Outbound Grab: VND 80,000
Return Grab (surge pricing): VND 120,000
Total: VND 200,000 ($7.87 USD)

Minimum drunk driving penalty (motorcycle, Tier 1):

Fine: VND 2,000,000
Vehicle retrieval (7 days): VND 1,500,000
Total: VND 3,500,000 ($137.80 USD)
Savings by using Grab: VND 3,300,000 (1,650% more expensive to drunk drive)

Maximum drunk driving penalty (car, Tier 3):

Fine: VND 30,000,000-40,000,000
Vehicle retrieval: VND 2,000,000
License restoration (after 22-24 months): VND 500,000
Total: VND 32,500,000-42,500,000 ($1,280-1,675 USD)
Savings: VND 32,300,000-42,300,000 compared to VND 200,000 ride-hailing

Planning Ahead: Pre-Event Strategies

Before going out:

Download ride-hailing apps: Install Grab, Be, XanhSM with payment methods
Charge phone to 100%: Critical for booking and GPS
Inform companions: Declare you won’t drive (eliminates pressure)
Leave vehicle at home: Removes temptation
Budget transportation: VND 200,000-500,000 for round-trip

Designated driver options:

Rotate sober driver: One person stays completely sober (zero alcohol)
Hotel shuttle services: Some hotels offer free pickup from entertainment districts
Private driver hire: Hotels offer 4-hour evening drivers (VND 500,000-1,000,000)

What NOT to Do (Common Mistakes)

Don’t trust “waiting 2-3 hours”: Alcohol remains detectable 12-24 hours per Ministry of Health—individual metabolism varies significantly

Don’t eat foods claimed to “mask” alcohol: Bananas, durian, lychee contain natural ethanol triggering false positives—legal experts confirm zero documented successful avoidance cases

Don’t trust feeling “sober”: BAC may exceed limits even when feeling normal—breathalyzers measure concentration, not subjective feelings

Don’t attempt checkpoint evasion: U-turns near checkpoints trigger police pursuit and additional charges

Don’t let friends drive drunk: As vehicle owner, you face VND 8-10 million fines plus criminal liability if accidents occur

Don’t refuse breathalyzer tests: Refusal = automatic maximum penalty (VND 30-40 million cars, VND 8-10 million motorcycles) plus 22-24 month suspension

Beyond transportation violations, foreign teachers must understand tax filing requirements and penalties in Vietnam, as late tax submissions can result in fines ranging from 10-20% of unpaid tax amounts plus daily interest penalties, compounding legal compliance challenges for expats working in Vietnam’s education sector.

Are Foreign Teachers Subject to the Same Drunk Driving Penalties?

Yes, foreigners face identical drunk driving penalties as Vietnamese citizens—VND 6-40 million fines for cars, VND 2-10 million for motorcycles, license suspensions, vehicle impoundment, and criminal prosecution under Article 2 of Decree 168/2024/ND-CP—additionally foreigners risk work permit revocation, visa cancellation, and deportation with 1-10 year re-entry bans according to official legal guidance and Ministry of Public Security enforcement policy, with International Driving Permit (IDP) holders subject to all monetary fines and license suspensions despite point deductions not applying to foreign licenses.

Equal Treatment Confirmation

Official legal sources state explicitly: “Foreigners in Vietnam are subject to the same penalties as Vietnamese citizens when breaking traffic rules” under Article 2 of Decree 168/2024/ND-CP.

This means:

Identical fines: No special treatment or reduced penalties for foreigners
Identical procedures: Same breathalyzer testing, checkpoint stops
Identical consequences: License suspension, vehicle impoundment, criminal prosecution
No diplomatic immunity: Unless official diplomat with credentials

Work Permit Complications

Criminal convictions trigger automatic work permit consequences:

Administrative violations (fines only):

Work permit remains valid
Employer may choose to terminate contract (not required)
Visa/TRC unaffected

Criminal convictions (accidents with injury/death):

Work permit automatically revoked per Labor Code
Employer must terminate employment immediately
Residence permit cancelled within 30 days
Deportation order issued
Re-entry ban: 2-10 years or permanent depending on severity

International Driving Permit (IDP) Considerations

IDP holders face special circumstances:

What applies:

All monetary fines (VND 6-40 million)
License suspension periods (22-24 months)
Vehicle impoundment (7 days)
Criminal prosecution if accidents occur

What doesn’t apply:

Point deduction system (requires Vietnamese license)
12-point prohibition (IDP doesn’t have points)

Important: License suspension means IDP invalid for driving in Vietnam for 22-24 months—you cannot drive even with valid IDP during suspension period per official legal guidance.

Deportation and Re-entry Bans

Immigration Law consequences for foreigners:

Minor violations (fines only):

No immigration impact
Work permit unaffected
Visa/TRC renewal normal

Criminal convictions:

Deportation order: Issued within 30 days of conviction
Re-entry ban: 1-3 years (minor injuries), 5-10 years (deaths), permanent (multiple deaths)
Immigration blacklist: Name added to national database
Future visas: Automatic rejection for ban period

Real case example: Legal experts report foreign English teacher convicted of drunk driving causing death in 2024 received 5 years imprisonment, permanent deportation, and lifetime Vietnam entry ban—school terminated contract immediately, insurance company refused coverage for criminal acts.

Frequently Asked Questions About Drunk Driving in Vietnam

Can I Drive the Morning After Drinking?

No, driving the morning after drinking is extremely risky as alcohol remains detectable in breath for 12-24 hours after single drinks according to Vietnamese Ministry of Health statements—breathalyzers can detect trace BAC even when you feel completely sober, with typical metabolism processing only 10-15mg alcohol per hour meaning someone drinking 3-4 beers (15-20mg/100ml BAC) requires 12-16 hours for complete elimination, making morning-after violations during police checkpoints common according to traffic police reporting.

Individual variation factors:

Body weight: Smaller individuals metabolize slower
Gender: Women typically metabolize slower than men
Age: Metabolism slows with age (40+)
Food consumption: Empty stomach = slower metabolism
Liver health: Medical conditions affect processing speed

Safe approach: Wait minimum 24 hours after any alcohol consumption before driving, or use ride-hailing apps even for morning commutes if drinking occurred previous evening.

What Happens If I Cause an Accident While Drunk?

Causing an accident while drunk triggers immediate criminal prosecution under Penal Code Article 260—minor accidents (1 death) result in VND 10-50 million fines OR 3-12 months imprisonment, while serious accidents (3+ deaths) result in 7-15 years mandatory imprisonment plus civil compensation VND 10 billion+ and permanent criminal record according to official legal analysis, with police immediately conducting blood tests, impounding vehicle indefinitely (15-60 days investigation), arresting the driver, and foreign teachers facing automatic work permit revocation, contract termination, and deportation after serving prison sentence.

Immediate aftermath:

Blood test mandatory: Hospital blood draw regardless of breathalyzer results
Arrest: Immediate detention at police station (24-72 hours)
Vehicle impound: Indefinite (15-60+ days during investigation)
License confiscation: Permanent revocation possible
Criminal investigation: Prosecutor decides charges within 30 days

Legal proceedings:

Investigation: 2-6 months gathering evidence
Prosecution: Formal charges filed
Trial: Public court hearing (no jury system in Vietnam)
Sentencing: Judge determines imprisonment length
Civil lawsuit: Victims’ families file separate claims for compensation

For foreigners: Work permit automatically revoked upon criminal conviction—employer must terminate contract immediately, visa cancelled, deportation order issued after prison sentence completion.

Are Penalties Different for Motorcycles vs. Cars?

Yes, motorcycle penalties are lower in absolute VND amounts (VND 2-10 million vs. VND 6-40 million for cars) but both face identical 22-24 month license suspensions at high BAC levels and 7-day vehicle impoundment at all levels according to Articles 6 and 7 of Decree 168/2024/ND-CP, cars pay 3-4× higher fines than motorcycles at identical BAC levels (e.g. Tier 3: motorcycles VND 8-10 million vs. cars VND 30-40 million), however driving prohibition duration remains equal regardless of vehicle type meaning a 22-24 month suspension prevents operating any vehicle (cars, motorcycles, bicycles) during the suspension period.

Key difference summary:

Penalty Type	Motorcycle	Car	Comparison
Tier 1 Fine	VND 2-3M	VND 6-8M	Cars pay 2.7-3× more
Tier 2 Fine	VND 6-8M	VND 18-20M	Cars pay 2.5-3× more
Tier 3 Fine	VND 8-10M	VND 30-40M	Cars pay 3-4× more
License Suspension	22-24 months	22-24 months	EQUAL
Point Deduction	4-10 points	4-10 points	EQUAL
Impoundment	7 days	7 days	EQUAL

Why cars pay more: Vietnamese traffic law bases fines on vehicle value and potential damage capability—cars represent higher economic value and cause more severe accident damage than motorcycles, justifying higher administrative penalties.

Can I Avoid the Breathalyzer Test by Taking Alternative Routes?

No, attempting to avoid breathalyzers by U-turning or taking alternative routes when seeing police checkpoints automatically triggers police pursuit for evasion with additional charges for “disobeying traffic police orders” (VND 2-4 million cars, VND 800,000-1,000,000 motorcycles) under Article 6 and 7 of Decree 168/2024 according to official legal guidance—traffic police monitor checkpoint approach zones using CCTV cameras and radio coordination, making evasion impossible as fleeing drivers face stopped at subsequent checkpoints, with evasion attempts creating rebuttable presumption of drunk driving resulting in police forcing breath test plus additional evasion penalties totaling VND 32-44 million for cars (drunk + evasion combined).

What happens during evasion attempts:

Visual identification: Police cameras record license plate
Radio alert: Checkpoint radioed ahead on your route
Secondary checkpoint: Police block alternative routes
Forced stop: Multiple patrol cars pursue and stop vehicle
Combined penalties: Drunk driving fine + evasion fine + possible arrest

Legal implications of evasion:

Presumption of guilt: Court interprets evasion as consciousness of guilt
Enhanced prosecution: Judges impose maximum sentences
No leniency: First-time offender status irrelevant
Criminal charges: Persistent evasion = “resisting law enforcement” (possible imprisonment)

Safe approach: Always stop at checkpoints, cooperate with testing—even if you know you’re over the limit, cooperation results in standard penalties while evasion doubles consequences.

Do Certain Foods Really Help Pass Breathalyzer Tests?

No, foods claimed to “mask” alcohol (bananas, durian, lychee, fermented items) do not help pass breathalyzer tests—these foods contain natural ethanol compounds that may trigger false positives rather than masking alcohol, and legal experts report zero documented successful cases of avoiding drunk driving penalties through food consumption according to Vietnamese Ministry of Health and police statements, with breathalyzer devices calibrated to distinguish mouth alcohol from deep lung air meaning only genuine BAC reduction through time (10-15mg/hour metabolism) allows passing tests, and police may allow 30-60 minute re-tests if immediate food consumption suspected but this rarely changes results.

Common myths debunked:

“Eating bread/rice absorbs alcohol”

Reality: Food slows alcohol absorption if eaten before drinking, not after
Breath test measures bloodstream alcohol, not stomach contents
No food removes alcohol from blood once absorbed

“Drinking water dilutes alcohol”

Reality: Water doesn’t reduce BAC percentage
Breathalyzers measure concentration per volume, not total amount
Hydration may improve feeling but doesn’t affect test

“Mouthwash/breath mints hide alcohol”

Reality: Most mouthwash contains alcohol, increasing readings
Breath mints don’t affect deep lung air measurement
May trigger false positives rather than masking

“Fermented foods cause false positives, so police will dismiss”

Reality: Police aware of false positive possibility
Re-test after 30-60 minutes nearly always shows true BAC
Zero documented cases of successful dismissal via food excuse

What actually works:

Time only: 10-15mg/hour metabolism rate
Complete sobriety: Zero alcohol consumption before driving
Alternative transportation: Grab, Be, taxis eliminate risk entirely

What Should I Do at a Police Checkpoint?

Stop immediately when police signal, keep hands visible, provide requested documents (license, vehicle registration, insurance), cooperate with breathalyzer testing if requested, remain polite regardless of outcome, and do NOT offer bribes as this converts administrative violation into criminal bribery offense with VND 20-100 million fines or 6-36 months imprisonment according to Vietnamese Anti-Corruption Law Article 364 verified by official legal sources—proper checkpoint procedure involves police explaining violation in Vietnamese and broken English, issuing written violation record, calculating fine amount, explaining payment options (on-spot ≤VND 250,000 or bank transfer within 10 days), and returning license after payment confirmation.

Step-by-step checkpoint procedure:

Step 1: Initial Stop (30 seconds)

Police signal with flashlight/hand gesture
Pull over completely to roadside
Turn off engine
Keep hands on handlebars/steering wheel (visible)

Step 2: Document Check (1-2 minutes)

Police request license, vehicle registration, insurance
Provide documents without exiting vehicle (unless requested)
Answer questions: name, destination, alcohol consumption
Important: Lying about drinking makes situation worse

Step 3: Breathalyzer Test (if requested) (2-3 minutes)

Police explain testing procedure
Blow steadily into device for 5-10 seconds until beep sounds
Police show results on device screen
You may photograph results for records

Step 4: Violation Processing (5-10 minutes)

Police write violation record (Biên bản vi phạm)
Document includes: name, ID, violation type, fine amount, penalty details
Police explain consequences: fine, points, impoundment, suspension
You must sign acknowledgment (signature ≠ admission of guilt)

Step 5: Fine Payment (immediate or later)

On-spot payment: Fines ≤VND 250,000 (exact cash to officer)
Bank transfer: Fines >VND 250,000 (10-day payment period)
Police provide violation code for online payment portal
Keep all receipts for vehicle retrieval

Rights at checkpoints:

Request explanation: Police must explain violation in Vietnamese (request translator if needed)
Request supervisor: If treatment improper, request commanding officer
Refuse bribery: Report bribery attempts to Ministry of Public Security hotline 069 or via mobile app
Photograph proceedings: Legal to photograph/video checkpoint interactions

What NOT to do:

Argue aggressively or insult officers
Attempt to flee checkpoint
Offer money directly to officer (bribery crime)
Refuse to provide documents/ID
Physically resist or obstruct police

If language barrier exists:

Use Google Translate app (download Vietnamese offline)
Call English-speaking friend for interpretation
Request police station processing (allows time for translator arrangement)

Need More Legal Guidance for Foreign Teachers in Vietnam?

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