Is drinking non-alcoholic beer while driving punishable?

Zero-proof beer is beer that has had its alcohol removed or has been brewed to contain less alcohol than the legal limit. There are many beers on the market that are advertised as zero-proof. In reality, this beer may have a low alcohol content, but still be considered zero-proof depending on the standards of each country.

For example, according to the US Food and Drug Administration (FDA), if a beverage has an alcohol content of less than 0.5%, it can be declared alcohol-free. Germany does the same. Meanwhile, in Italy, alcohol-free beer can have an alcohol content of up to 1.2%. In the UK, a bottle of beer must have an alcohol content of less than 0.05% to be labeled alcohol-free. Labeling is one thing, but whether the beer actually meets the prescribed alcohol threshold is another.

In fact, in some cases, after drinking 0-degree beer, when the traffic police tested with specialized equipment, the result was still alcohol in the breath. Therefore, some types of beer labeled 0-degree alcohol can still put the driver at risk of being fined if the amount of alcohol consumed is too much or the beer chosen has a higher alcohol concentration than declared.

The current penalty for alcohol concentration violations is stipulated in Decree 100/2019/ND-CP (amended in Decree 123/2021/ND-CP).

-For motorbikes:

Alcohol concentration not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath: Violators will be fined from 2 million VND to 3 million VND (Point c, Clause 6, Article 6). Driver's license will be revoked for 10 to 12 months (Point d, Clause 10, Article 6).

Exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. Violators will be fined from 4 million VND to 5 million VND (Point c, Clause 7, Article 6). Driver's license will be revoked for 16 to 18 months (Point e, Clause 10, Article 6).

Exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath. Violators will be fined from 6 million to 8 million VND (Point e, Clause 8, Article 6). Driver's license will be revoked for 22 to 24 months (Point g, Clause 10, Article 6).

-The fine for alcohol concentration in cars is as follows:

Alcohol concentration does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath. Violators are fined from 6 million VND to 8 million VND (Point c, Clause 6, Article 5). Driving license is revoked from 10 months to 12 months (Point e, Clause 11, Article 5).

Exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. Violators will be fined from 16 million to 18 million VND (Point c, Clause 8, Article 5). Driver's license will be revoked for 16 to 18 months (Point g, Clause 11, Article 5).

Exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath. Violators will be fined from 30 million to 40 million VND (Point a, Clause 10, Article 5). Driver's license will be revoked for 22 to 24 months (Point h, Clause 11, Article 5).

In addition, the person with the authority to handle alcohol concentration violations may decide to temporarily detain the vehicle for up to 7 days.

Minh Hoa (t/h)

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