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Foreigners driving with alcohol in their system and causing traffic accidents in Vietnam is not a rare legal situation for people living, working, or traveling here. Even a small mistake, such as driving after drinking alcohol, can turn a normal traffic incident into a serious legal issue if an accident occurs.
Vietnamese law has strict regulations regarding driving with alcohol in the blood or breath. However, the way each case is handled depends on the level of damage and the specific circumstances of the incident.
So how can foreigners be handled under Vietnamese law if they drive under the influence and cause a traffic accident in Vietnam?
Under Vietnamese law, any person operating a vehicle with alcohol in their blood or breath is subject to penalties. This regulation applies equally to Vietnamese citizens and foreigners.
This means that when a foreigner drives in Vietnam, they must comply with the entire Vietnamese traffic and criminal law system just like Vietnamese citizens.
The Law on Prevention and Control of Alcohol-Related Harm 2019 clearly states:
Drivers of road vehicles must not have alcohol in their blood or breath.
In other words, Vietnam applies a “zero alcohol” policy for drivers.
If a foreigner drives after drinking alcohol, they may be penalized under Decree 100/2019/ND-CP (amended by Decree 123/2021/ND-CP) with penalties such as:
Monetary fines
Suspension of the driving license
Temporary seizure of the vehicle
However, if drinking alcohol leads to a traffic accident, especially one causing injury or death, the case may involve criminal liability.
Many foreign clients become worried when they receive an invitation from the police or when an investigation file is opened. This often happens when the accident shows signs of a criminal offense.
According to Article 260 of the 2015 Criminal Code (amended in 2017) — Violation of road traffic regulations — a person may face criminal liability if they:
Cause serious injury to another person
Cause major property damage
Cause death
Driving while having alcohol in the body is considered an aggravating factor in criminal liability.
However, it is important to note that not every traffic accident leads to criminal prosecution. Investigators will consider many factors such as:
The degree of fault of each party
Injury assessment results
Property damage
Conduct after the accident
Therefore, having a lawyer involved early often helps foreigners clearly understand their legal situation.
For many foreigners, the legal process in Vietnam can feel unfamiliar. Some people feel anxious when receiving a police invitation letter or when their passport is temporarily held during the investigation.
Understanding the general procedures can help those involved prepare better and avoid unnecessary mistakes.
After a serious traffic accident, the police usually carry out the following steps:
1. Scene examination and evidence collection
Investigators will record:
Accident location
Vehicle traces
Traffic cameras or nearby cameras
Witness statements
2. Alcohol testing
If the driver shows signs of alcohol use, authorities will conduct an alcohol test using specialized equipment.
This result often becomes important evidence in the case file.
3. Working with related individuals
The driver may:
Be invited to work with the police
Have the vehicle temporarily seized
Or in serious cases, face procedural measures under the Criminal Procedure Code.
For foreigners, authorities may sometimes notify their embassy or consulate.
Each traffic accident must be assessed based on many factors.
Important considerations include:
Extent of damage
Injuries of victims
Medical treatment costs
Property damage
Degree of fault
Not every accident is entirely caused by one party. Authorities may assess:
Vehicle speed
Traffic signals
Behavior of the victim
Cooperation after the accident
Actions after the accident may also be considered, such as:
Assisting the victim to get medical treatment
Cooperating with investigators
Showing goodwill in compensation
These factors may significantly influence how the case is handled.
When foreigners suddenly become involved in a traffic case in Vietnam, confusion and anxiety are understandable. Many people are concerned because they do not understand the local legal system or face language barriers.
Handling the situation correctly from the beginning can help reduce many legal risks.
A common mistake is leaving Vietnam before the matter is resolved. In many situations, authorities may:
Temporarily hold a passport
Apply preventive measures
Require the individual to appear when requested
Avoiding cooperation may make the situation more complicated.
For foreigners, having a lawyer familiar with Vietnamese law is extremely important.
A lawyer can help:
Explain legal rights and obligations
Participate in meetings with investigators
Assist with civil compensation procedures
Protect the client’s legitimate rights
However, lawyers cannot guarantee the outcome of a case, because the final decision belongs to investigative authorities and the court. Nevertheless, proper legal support can help clients understand their options and reduce unnecessary risks.
If you or your family member is being invited by the police for questioning or is involved in a traffic accident investigation in Vietnam, seeking legal advice early may help you understand the situation and choose the appropriate legal strategy.
Are you facing a similar situation?
Contact DEDICA Law Firm for appropriate legal guidance.
📞 Hotline: (+84) 39 969 0012 (WhatsApp / WeChat / Zalo)
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