According to Clause 1, Article 64 of the Law on Handling of Administrative Violations 2012, amended by Clause 32, Article 1 of the Law on Handling of Administrative Violations 2020, traffic police use professional technical means and equipment to detect traffic violations.
In List I issued with Decree 135/2021/ND-CP, the breath alcohol concentration measuring device (also known as the alcohol concentration meter) is one of the professional technical means and equipment used to detect administrative violations of road traffic order and safety.
At the same time, according to Point a, Clause 2, Article 16 of Decree 135/2021/ND-CP, people can still provide data from means and technical equipment they collect to agencies, units, and persons with the authority to impose penalties.
Traffic Police of Da Nang City Police measure the blood concentration of vehicle drivers.
Therefore, drivers can still buy their own breathalyzers to compare results with traffic police.
However, the data must meet the requirements prescribed in Article 17 of Decree 135/2021/ND-CP to be used as a basis for verification, detection of violations and handling of administrative violations, specifically:
- Used to detect administrative violations of traffic order and safety, environmental protection, fire prevention and fighting, rescue, drug prevention and control, prevention and control of harmful effects of alcohol and beer and other fields as prescribed by the Government ;
- Do not infringe upon the freedom, honor, dignity, privacy, personal secrets, other legitimate rights and interests of individuals and organizations as prescribed by law;
- Objectively, accurately and honestly reflect the violation, time and location of the violation;
- Still within the validity period (calculated from the time the technical equipment records the results until the last day of the statute of limitations for administrative violations).
Thus, vehicle drivers can still buy their own alcohol concentration measuring devices to compare with the results of traffic police, but note that the data provided by people must meet the requirements stated above.
CHAU THU
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