Drink and Drive Law in India
Drunk and Drive act in India
Section 185 of Motor Vehicle Act
If a Person travelling from one place to another place in a drunken condition on a suspected state then the police has power to stop him under Section 203 Subsection 1 of Motor Vehicle Act
If a Person while driving motor vehicle, he/she has a blood alcohol which exceeds 30 gm of intake per 100 ml of blood which call be detected by Breathalyzer. This is mostly observed in youngster and teens.
Section 185 of motor vehicle Act
Imprisonment for six months or fine up to Rs 2000/- or both.
If it is repeated for 2nd time with in 3 years from the cause of action then the punishment is for 2 years or fine up to Rs 3000/- or both .
Vehicle can be sealed.
Bail can be given by police officer and also rigorous punishment. High penalty fine can be increased from Rs 2000 – Rs 10000/-.
If the person fails to pay the fine then 2-5 days of simple punishment can be imposed.
In Hyderabad every week 500 people get arrested and 2000 people per month and 240000 cases per year.
Procedure involve from Arrest to Release
After taking to the custody, police verifies the papers/documents and files complaint and finally prepares a FIR copy on it.
Within 24 hours Police should submit it to the court with in Jurisdiction. Before taking the person to the court his/her health condition will be checked by a medical officer.
“As per section 5” of All India Medical Association, the person should complete his/her medical degree from any medical university then that person is eligible as a medical officer.
The Medical certificate should be duly stamped and signed by him.
The vehicle and accused will be taken to the court. Then the judgement will be given, as per that orders police will have follow (sometime in the Judgement, judge can release the accused and vehicle by submitting some sureties/bonds/fines) etc..
By Srujana, LLB