Man sues police over DUI fine, blaming mouth wash for alcohol in breath

According to the lawsuit, at 9 p.m. on March 13 last year, while driving on 3/2 Street in District 10, the man, identified as T.Q.M, was stopped by a police patrol unit for an alcohol test.

Police found him to having an alcohol concentration below 0.25 milligrams per liter of breath. They gave him a VND2.5 million (US$98) cash fine, revoked his license for 11 months and seized his motorbike for a week.

However, after complying with the administrative penalty decisions, he filed a lawsuit requesting the annulment of the penalty and demanded compensation for material and emotional damages amounting to VND32 million ($1,260), Thanh Nien newspaper reported.

At a trial held by the HCMC People’s Court on Thursday, the man stated that he had a dental condition and had used mouthwash after working as an interpreter for a client.

At that time, he was not aware that the mouthwash of the Listerine brand contained 6% alcohol as declared by the manufacturer, according to VietNamNet.

He argued in court that the traffic police had stopped his vehicle at a location that was not a designated patrol station, lacked proper lighting, and had no specialized vehicles.

Additionally, when the record was made, he explained that he did not drink alcohol, but was still forced to sign the declaration.

Upon receiving the penalty decision, although he complied fully, he disagreed with it and proceeded to file a lawsuit.

The trial was held in the absence of the defendant.

Prosecutors said since he had signed the record, it indicated his agreement with the penalty decision.

Furthermore, at the time of the record, he did not explain that it was due to using mouthwash, which he only discovered later.

Subsequently, the trial panel delivered the verdict, stating that the administrative penalty decision was in accordance with the procedures and regulations, and thus dismissed his lawsuit.

Vietnamese law dictates that any amount of alcohol found in a person’s system while driving will result in his or her losing their license for a period of time.

DUI penalties include a fine of up to VND40 million (US$1,640) and up to two-year license suspension, while those who cause accidents while intoxicated can face criminal charges.