Prosecuting drunk drivers without consequences ‘unfeasible’

At a Monday conference on the harmful effects of drinking and driving, the office head of the National Traffic Safety Committee Tran Huu Minh proposed that drivers with very high alcohol levels be criminally prosecuted, even when no severe consequences result from their behavior.

Minh said in accordance with current regulations, drivers with alcohol levels of at least 0.4 mg per liter of breath, or 80 mg per 100 ml of blood, are all subject to the same level of punishment.

This is not appropriate, he said, arguing that a punishment should be appropriate to the level of the crime.

As such, there needs to be an alcohol level violation that is considered to be “especially severe” that would be punishable under “Offenses against regulations on road traffic” in accordance with the criminal law.

According to the criminal law, if traffic violations can result in the death of at least three people, or cause property damage of at least VND1.5 billion ($61,425) if not timely intervened, violators can be jailed up to a year.

Tran Duc Thuan of the Standing Committee for Defense and Security, said the proposal has already been accounted for by lawmakers. The criminal law already includes terms outlining more severe punishments for drivers with alcohol level violations who cause accidents.

However, authorities will need to take into account the impacts on lives, health and property to prosecute violators, he said.

“If a criminal prosecution is needed, there needs to be a full evaluation to see if it’s a new crime that needs to be added in amendments to the criminal law. I don’t agree with a criminal prosecution [of a case that caused] no consequences,” he added.

He said authorities need to evaluate the traffic violation situation as a whole to see if alcohol level violations are a main factor that leads to accidents. During amendments, authorities may consider increasing the levels of fines associated with such violations first, he argued.

On referencing international law when it comes to dealing with alcohol level violations, Thuan said “not every model can be applied to Vietnam as Vietnamese have our own characteristic culture, traditions and habits”. Issues with alcohol level violations while driving have more to do with discipline, awareness and responsibility, he added.

“Using existing measures is enough to deter violations. However, to erase them completely is very difficult,” he said.

Bui Danh Lien, president of the Hanoi Transport Association, said there has been no concrete scientific basis to prove that a specific alcohol levels cause drivers to get into accidents. Codifying that into law would require a clear legal basis to ensure its feasibility, he added.

Current laws already include clauses that clearly state punishments for drunk drivers, both in terms of fines and criminal measures, he said.

Lawyer Nguyen Huu The Trach of the HCMC Bar Association said categorizing and codifying the levels of severity and risk for each kind of violation would in fact be very difficult in reality. How does one measure the “possibilities of causing consequences?” he asked.

Proving a crime using such terms would require proving three things: violations when controlling vehicles, the possibility of causing consequences and the causal relationship between violations and the possibility of causing consequences, and the wrongs of the person exhibiting such behaviors.

“It is hard to prove the possibility of causing consequences,” Trach said, adding that even if there are criteria to determine that, to use them for criminal prosecution would depend on the evaluation of authorities – the people who were not present at the scene at the time, and who are prone to make subjective evaluations.