One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X and his friends were returning from a birthday celebration in City A when they encountered a police checkpoint near a restaurant. Mr.Y was driving Mr.X’s car, which was registered under Mr.X’s father’s name. Mr.Y had consumed only one beer during the evening. When stopped by police, the breathalyzer test showed a reading of 450+ mg/100ml, which shocked everyone as this reading was impossibly high for someone who had only one drink. The normal legal limit is 30 mg/100ml, and 450+ would indicate severe intoxication that could be life-threatening. Mr.X and Mr.Y suspected the breathalyzer was faulty or improperly calibrated, but the police proceeded to file charges based on this reading. The situation escalated when they were charged with drunk driving under various provisions.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Immediately request for blood test as breathalyzer readings can be challenged on grounds of machine malfunction, improper calibration, or medical conditions affecting readings. Collect witness statements from passengers who can testify about actual alcohol consumption. Document the time gap between drinking and testing, as alcohol levels fluctuate. Obtain medical records if you have conditions like diabetes or gastroesophageal reflux that can cause false positive readings.

Applicable Sections of Law

Cases involving drunk driving and false charges fall under several provisions of the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). Section 281 BNS deals with rash or negligent driving. Section 125 BNS covers wrongful restraint by police if detention was unlawful. Section 182 BNS applies if false evidence was manufactured. Motor Vehicle Act provisions work in conjunction with these sections. Under BNSS, Section 35 deals with arrest procedures, while Section 41 covers the rights of arrested persons. Section 187 BNSS provides for challenging evidence collection methods and demanding proper investigation procedures.

If You Are the Complainant

• File a complaint against police for using faulty equipment and improper procedure
• Demand departmental inquiry into the breathalyzer’s calibration and maintenance records
• Request compensation for wrongful detention and harassment caused by faulty equipment
• Gather evidence of proper machine maintenance protocols not being followed
• File RTI applications to obtain records of breathalyzer calibration and previous complaints about the device

If You Are the Victim

• Immediately demand blood test to counter breathalyzer reading and establish actual alcohol levels
• Collect contact details of all witnesses present who can testify about your actual consumption
• Document exact timeline of events, including when you consumed alcohol and when tested
• Request copy of breathalyzer calibration certificate and maintenance records immediately
• Avoid admitting guilt and insist on proper legal procedures being followed throughout

How the Police Behave in Such Cases

Police typically rely heavily on breathalyzer readings and may resist demands for blood tests due to procedural complications. They often pressure accused into admitting guilt for quick settlement. In cases of equipment malfunction, some officers may still proceed with charges to avoid admitting departmental failures. However, professional officers will acknowledge equipment issues when properly challenged with technical evidence and witness statements.

FAQs People Normally Have

Can breathalyzer readings be wrong? Yes, machines can malfunction, give false readings due to medical conditions, or show incorrect results if not properly calibrated.

Is blood test more accurate than breathalyzer? Yes, blood tests are considered more reliable and are admissible as stronger evidence in court proceedings.

Can I refuse breathalyzer test? Refusal can lead to license suspension, but you have right to demand blood test as alternative.

What if the machine was not calibrated? Improperly calibrated machines render test results inadmissible in court as evidence.

What Evidence Is Required?

• Blood test reports taken immediately after breathalyzer test
• Breathalyzer machine calibration certificates and maintenance records
• Witness statements from passengers and other present persons
• Medical records if you have conditions affecting breathalyzer readings
• Video recordings from the checkpoint or nearby CCTV cameras
• Bills/receipts showing actual alcohol purchase and consumption timeline
• Expert testimony on breathalyzer accuracy and potential malfunctions

How Long Will the Investigation Take?

Investigation typically takes 2-3 months depending on complexity and evidence collection. Blood test results are usually available within 15-20 days. Court proceedings may extend 6-12 months. However, with strong evidence of equipment malfunction and proper legal representation, cases can be resolved faster through pre-trial negotiations or quashing petitions in higher courts.

Advocate Sudhir Rao, Supreme Court of India