Drink and drive law and fine in India

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Drink and drive law and fine in India

Drink and drive law and fine

Drink and driving is explained in the Motor Vehicle Act 1988. Section 185 of the Motor Vehicle Act says driving by a drunken person or person under the influence of the drug. Drink and drive law and fine is as follows.

Drink and drive law and fine in India
What is the offence of drink and driving? If alcohol exceeding 30 mg per 100 ml found during the breath analyzer test while driving. Or under the influence of drugs he unable to drive or can not control the vehicle. And hence for first offence, punishment is imprisonment is up to six months or fine of Rs.2000 or with both. And for second and subsequent offence, the punishment is imprisonment of up to two years and fine of Rs. 3000/- or both. The offence is bailable.

Recent Amendment in Motor Vehicle Act

The government of India has recently amended the Motor Vehicle Act. As per the recent amendments dated 9th August 2019, the fine amount has increased from Rs. 2000 to Rs. 10,000/-. And fine of subsequent offense is increased from Rs.3000/- to Rs.15,000/-. Here is the pdf copy of recent amendment in pdf form for download http://egazette.nic.in/WriteReadData/2019/210413.pdf

Court Procedure

Police may arrest the person who found a positive in breath analyzing test. But that person shall release on bail if he deposits a certain sum of money in the police station. And on the next day police file charge sheet before the Hon’ble Court. And also call the accused person to remain present before the court. The accused person may plead guilty for the charges of drink and drive. Or he may plead not guilty. If he pleads not guilty then he has to take the bail and proceed for trial.

If any person decides to go for trial, in that case, court issue summons to the concerned traffic officer and any other witness to prove the charges of 185 of Motor Vehicle Act. Court shall record the evidence of the Police Office and other witnesses and give a chance to a defence lawyer to cross-examination of witnesses. And thereafter considering the evidence of court shall pronounce the Judgement.

Breath test

Breath test means a test to obtain an indication of the presence of alcohol in the blood of that person on one or more specimens of breath provided by that person by a device type approved by the central government.

A police officer or officer of the motor vehicle department has authorized to conduct a breath test. And if such officer has any reasonable cause to suspect a person of having committed an offence under section 185 of MV Act, he may require any person who is driving or attempt to drive a motor vehicle in a public place to provide one or more specimen for breath test there.

It is required for breath test shall be made as early as possible after the commission of such offence.

If the motor vehicle indulged in the accident in a public place, and a police officer has reasonable cause to suspect that person who was driving the motor car at the time of the accident had alcohol in his blood or he was driving under the influence of the drug, he may require the person so driving the motor vehicle to provide the specimen of his breath to analyze the breath test.

It is not required a person to provide such a specimen while at the hospital as an indoor patient if the registered medical practitioner in immediate in charge of his case.

Power to arrest without warrant

When any person who commits the offence u/s 185 of M. V. Act in the presence of a police officer in uniform, that police officer may arrest a person without warrant. When a person arrested under section 185 of the Motor Vehicle Act shall send for medical examination within two hours of his arrest. Failing which he shall release from custody.

If a person has committed the offence u/s 185 of M. V. Act and he refuses to give name and address, in that case police officer in uniform may arrest him without warrant.

Police officers in uniform shall arrest the driver of the motor vehicle without a warrant, if the circumstances require for the temporary disposal of the vehicle.

Do people get criminal record if they caught drink and driving?

Drink and driving offenders are not criminals and hence their names have not added in the criminal record of the police station.

What amount of liquor consumption is allowed while driving?

Any certain amount of quantity is not prescribed under the Motor Vehicle Act. So it is better to don’t drink and drive and avoid the legal complications.

Is drink and driving cases affect the issue of a passport?

No, drink and driving is not affecting the issue of passport or renew of passport. Even if a person pleaded guilty, then also that conviction does not affect the issue of a passport.

Following the new structure of fine

  1. The amount of fine for not wearing helmet increase from Rs.100 to Rs.1000/- and license cancel for three months.
  2. Fine amount for not wearing a seatbelt is Rs.1000/-
  3. The amount of fine for speeding or racing the vehicle increase from Rs.500/- to Rs.5,000/- and imprisonment of three months (with or without fine). And this also increases up to one year if a person caught for the second time.
  4. The fine amount for driving without licence is Rs.5,000/-.
  5. If the juvenile has committed the offence, in that case, the guardian or the owner of the vehicle has guilty for the offence. Furthermore, that juvenile person shall take to juvenile court. And registration shall get cancel for 12 months.
  6. If the owner of the vehicle carried any alteration in the vehicle, which is not permitted under the act. In such cases he shall punish with imprisonment up to six months and in addition to fine of Rs.5000/- for per alteration or with both.

Alister Pareira hit and run case

Repairs and construction work of the carter road, Bandra West, Mumbai was carried out by New India Construction Company. Labors were engaged in construction work. Temporary huts were built by the laborers on the pavement of the road. On the night of the 11 Nov 2006, the laborers were in sleep in the front of their hut on the pavement. At nearly about 4 am, the appellant while driving his car ramped the car over the pavement. And cause the death of seven persons and injured eight persons. At the time of the accident the appellant was found to have consumed alcohol.

A liquor bottle also recovered from the car of the appellant. He was found to have 0.112 w/a liquor on his body on his medical examination. The trial court convicted the appellant under section 304 A and 337 of IPC. High Court further convicted him for the offence u/s 304 II, 338,337 of IPC. Thereafter supreme court The Supreme Court agreed with the conclusion of the High Court. And held that evidence and material on record proved beyond a reasonable doubt that the appellant has committed the offence. And protection has successfully established the ingredients of section 304 II, 337 and 338 of IPC.

Drunken and driving become a menace to our society

Every other day drunken driving results in road accidents and several human lives lost and even the pedestrians of many cities are not safe. Late night parties among cities have now become a way of life followed by drunken driving. Therefore punishment needs for the drunken driver which shall deterrent effect to others.

Here is the full Motor Vehicle Act
Also read Road Accident and Rash Driving