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Driving with drugs in the body and causing a traffic accident in Vietnam can lead to serious legal consequences, especially when the incident causes injury or significant damage.
For many foreigners living, working, or traveling in Vietnam, suddenly having to work with the police after such an accident often causes confusion and anxiety.
Understanding Vietnamese legal regulations and the appropriate steps to take from the beginning can help reduce legal risks and protect your rights. So under Vietnamese law, how may this situation be handled?
Vietnamese law considers operating a vehicle while having drugs in the body to be a prohibited act, even if the driver did not directly consume drugs immediately before driving.
This is clearly stipulated in the Law on Road Traffic Order and Safety 2024 and related administrative sanction regulations.
However, when this behavior causes a traffic accident, especially one involving injuries or serious damage, the driver may face criminal liability, not just administrative penalties.
According to Decree 100/2019/ND-CP (amended by Decree 123/2021/ND-CP), drivers who have drugs in their body may face:
A fine of 30,000,000 – 40,000,000 VND for car drivers
Suspension of driving license for 22 – 24 months
Possible temporary confiscation of the vehicle
For foreigners, in addition to the above penalties, other consequences may arise, such as:
Exit restrictions during the investigation period
Possible criminal prosecution if serious consequences occur
It is important to understand that once a traffic accident occurs, the case is often assessed from a criminal law perspective, especially if injuries or significant property damage are involved.
In many situations, driving with drugs in the body and causing a traffic accident may be considered under Article 260 of the Criminal Code 2015 (amended 2017) regarding:
The crime of violating regulations on road traffic participation.
Some circumstances that may increase criminal liability include:
Causing serious injury to another person
Causing death
Causing large property damage
The driver used alcohol or drugs
According to Clause 2, Article 260, if the driver used drugs and caused serious consequences, the penalty frame may be:
03 – 10 years imprisonment
In cases with particularly serious consequences (for example, multiple deaths), the sentence may be higher.
However, it should be noted that the specific penalty always depends on many factors of the case, including the level of fault, actual consequences, cooperation attitude, and mitigating circumstances.
When a foreigner is found to have drugs in the body after a traffic accident, Vietnamese authorities often conduct a relatively strict investigation process.
Understanding these steps can help the person involved reduce anxiety and prepare better from a legal perspective.
Typically, the case may go through the following stages:
1. Scene inspection and drug testing
Traffic police or investigators may:
Examine the accident scene
Conduct a rapid drug test
Send the driver for medical testing
The test results are usually one of the important pieces of evidence in the case file.
2. Taking statements and determining fault
Investigators may:
Take statements from the parties involved
Determine speed and direction of movement
Extract traffic camera footage if available
The goal is to determine the cause of the accident and the degree of fault of each party.
3. Criminal prosecution (if there are criminal signs)
If there are signs of violating road traffic regulations, investigators may:
Initiate a criminal case
Charge the suspect
Apply preventive measures (for example: travel restriction)
In some serious cases, the person involved may be detained for investigation purposes.
Based on experience working with many international clients, several issues often create difficulties for foreigners involved in traffic cases in Vietnam.
Vietnam’s legal system differs in many aspects from Europe or the United States, especially regarding:
Investigation procedures
The role of lawyers
Detention and temporary custody periods
In many situations, foreigners:
Do not understand the contents of official records
Do not fully know their legal rights when working with investigators
This may lead to statements that are unfavorable to themselves.
A traffic accident can quickly become a serious criminal case, causing many people to panic and make poorly considered decisions.
If you or a relative is a foreigner involved in a traffic accident in Vietnam involving drugs, handling the situation correctly from the beginning may significantly affect the entire case process.
Lawyers often recommend several key steps:
1. Cooperate but understand your rights
You should:
Cooperate with investigators
Provide truthful information
However, you also have the right to consult with a lawyer before giving important statements.
2. Involve a lawyer as early as possible
A lawyer can assist with:
Explaining legal procedures
Reviewing the legality of investigation procedures
Protecting your rights during questioning
Early legal assistance may help avoid mistakes that could become disadvantageous later.
3. Actively remedy the consequences
According to Vietnamese judicial practice:
Supporting medical expenses
Providing compensation
Showing goodwill to remedy the consequences
may be considered mitigating circumstances in criminal liability.
However, compensation actions should be carried out under appropriate legal advice to avoid additional risks.
For foreigners, being involved in a criminal case in Vietnam can be extremely stressful.
A lawyer experienced in criminal cases involving foreign elements can assist in several important ways:
Explaining Vietnamese law in English
Working with investigators
Supporting families and embassies
Building an appropriate legal strategy at each stage of the case
In Vietnam, every case has unique details, so legal risk assessment must always be based on the specific facts and evidence of the case.
If you or your family member is a foreigner being invited to work with police, under investigation, or involved in a criminal case in Vietnam, seeking legal advice early can help you better understand the situation and choose the appropriate legal approach.
Are you facing a similar situation?
Contact DEDICA Law for professional legal guidance.
📞 Hotline: (+84) 39 969 0012 (WhatsApp / WeChat / Zalo)
🕒 Working hours: Monday – Friday (8:30 – 18:00)
Contact us now to receive an initial free consultation from our professional lawyers.
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