Being both mentally and physically fit is the basic necessity of driving safe. The rider/driver should be in total control of his/her body parts and senses. Narcotic (alcoholic and otherwise) substance abuse, not only deters our ability to make driving decisions but also dynamically increases the chances of mishap or road accident. Thus driving in a drunk or inebriated state has been deemed as a criminal offense. Here we’re introducing to you the concept and related laws/regulations for driving under alcoholic influence.
Definition of Alcoholic Influence
The concentration of Alcohol in one’s blood content is measured to acknowledge one’s Alcoholic influence. Indian Motor Vehicles Act 1988, states that any person with a blood alcohol content (BAC) up to 30 mg per 100ml of blood is permitted to ply on Indian roads. Any more than this BAC level and the person would be considered under alcoholic influence and to drive in such state is considered a criminal offence.
The minimum age drinking in almost all states of India is 21 years. Thus, driving under this age with any level of BAC, makes you liable for punishment by the law.
The Blood Alcohol Content is measured by usage of a ‘Breathe Analyser’.
Drunk driving offence related Penal Laws
Driving under influence is stated as a punishable offense according to Indian Motor Vehicles Act 1988 Section 185.
Consuming or exhibiting narcotic content (alcoholic or otherwise) exceeding the permissible limits invites a fine of ₹2,000 and/or 6 months of imprisonment. A person found to be a repeat offender within 3 years of first instance, is liable for a fine of ₹3,000 and/or up to 2 years of imprisonment.
Important things to consider
- There are no provisions for spot punishment for driving under substance influence, under any Bhartiya law.
- Police officials, wearing uniform, finding any person under the suspicion of driving under substance abuse/influence are in-power to request a "Breath Analyser Test". You can be arrested without warrant by the police officer for stating your denial to go through this test.
- In the case of spot arrest, you’ll have to go through medical examination within 2 hours otherwise police has to release you.
- Other than "Breath Analyser" there are other ways as well to test someone being under influence like blood test.
- In case of your denial to undergo any kind of test, you can be considered as ineligible for driving any kind of vehicle. In such a case, the policemen can seize your driving license, vehicle registration and other relevant documents.