If you are stuck in such a situation, here is what to do.
Mr. Alok Sharma, a software engineer from the bustling city of Aryavart Nagar, was returning home late one Saturday night after a team dinner. He had consumed a couple of beers over a few hours and felt perfectly fine to drive. However, he was stopped at a routine police checkpoint. The breathalyzer test showed his Blood Alcohol Content (BAC) was slightly above the permissible limit. The police, instead of filing a formal FIR, booked him for a petty offence. Alok was taken to the police station, and the matter was settled the next day by paying a fine at the local Magistrate's court. The court record shows a "PCN" (Petty Case Number) instead of an FIR number. Now, Alok is applying for a new job that requires a Police Clearance Certificate (PCC) and is worried if this minor incident will appear as a criminal record and jeopardize his career.
Advice in such cases
If you find yourself in a situation similar to Mr. Sharma's, it's crucial to handle it calmly and correctly.
- Stay Calm and Cooperative: Do not argue aggressively with the police officers. Resisting or being uncooperative can escalate the situation and may lead to additional charges.
- Understand the Procedure: The police will use a breathalyzer to check your BAC. If it's above 30mg per 100ml of blood, it is an offence. They may seize your vehicle or license temporarily.
- Avoid Offering Bribes: Attempting to bribe a police officer is a serious criminal offence and can lead to severe consequences.
- Know Your Rights: You have the right to a fair procedure. If you doubt the accuracy of the breathalyzer, you can request a medical test at a government hospital.
- 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 of 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.
Applicable Sections of Law
While the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) have replaced the old penal and procedural codes, offences related to drunk driving are primarily governed by a special law, the Motor Vehicles Act, 1988.
- Section 185 of the Motor Vehicles Act, 1988: This is the primary section that deals with driving by a drunken person or by a person under the influence of drugs. It prescribes punishment, which can include imprisonment for up to six months, or a fine of up to ₹10,000, or both for the first offence. For a subsequent offence, the punishment can increase significantly.
- Other Traffic Offences: Sometimes, related sections may be applied, such as those for dangerous driving or driving without a valid license.
If you are the complainant
If you are a person who has suffered due to someone else's drunk driving (e.g., in an accident), you are the complainant or victim. Here’s what you should do:
- Seek Immediate Medical Help: Your health and safety are the top priority. Call for an ambulance or get to the nearest hospital.
- File an FIR: Go to the nearest police station and file a First Information Report (FIR) against the driver. Provide all the details you remember, including the vehicle number, description of the driver, and the sequence of events.
- Preserve Evidence: If possible, take pictures of the accident scene, your injuries, and the damage to vehicles. Note down the contact details of any eyewitnesses.
- 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 of 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.
If you are the victim
Being a victim of a drunk driving incident can be traumatic. Your immediate actions can be crucial for both your well-being and for ensuring justice.
- Ensure Your Safety: Move away from the road to a safe spot to avoid any further harm.
- Call for Police and Medical Assistance: Dial the emergency numbers to report the incident and get medical help if needed.
- Gather Information: If you are able, note down the license plate number of the vehicle that caused the accident. Do not engage in a physical or verbal altercation with the driver.
- 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 of 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.
How the police behave in such cases
The police are generally strict in cases of drunk driving due to the high risk it poses to public safety. Their behaviour follows a standard protocol. They will be professional but firm. They will conduct the breathalyzer test and, if positive, will initiate legal proceedings. For minor infractions where the BAC is just over the limit and no accident has occurred, they may file a petty case (PCN) which is resolved quickly with a fine. However, in cases of high BAC levels, repeat offences, or accidents causing injury or death, they will file a formal FIR, arrest the accused, and conduct a full-scale investigation as per the BNSS.
FAQs people normally have
Will a drunk driving fine affect my Police Clearance Certificate (PCC)?
Generally, a petty case (PCN) that is disposed of by paying a summary fine does not amount to a criminal conviction in the traditional sense. It is unlikely to appear on a standard PCC, which is primarily meant to check for serious criminal antecedents. However, if an FIR was registered and you were convicted by a court, it would definitely reflect on your record.
What is the difference between a PCN and an FIR?
A PCN (Petty Case Number) is used for minor, non-cognizable, or summary trial offences, like traffic violations. The process is quick, and the matter is usually closed upon payment of a fine. An FIR (First Information Report), on the other hand, is registered for cognizable criminal offences. It marks the beginning of a formal criminal investigation by the police, which can lead to a chargesheet, trial, and potential conviction.
Can I lose my driving license permanently?
Yes. While a first-time offence might lead to a temporary suspension, a subsequent offence of drunk driving within three years can lead to the cancellation of your driving license, in addition to harsher penalties like imprisonment.
What evidence is required?
The prosecution, i.e., the police, needs to prove the charge against you. The key pieces of evidence are:
- The report from the breathalyzer test showing the BAC level.
- The testimony of the police officers who conducted the check.
- In some cases, a blood or urine test report from a government-authorized medical facility.
- CCTV footage from the checkpoint or nearby areas, if available.
How long will the investigation take?
The duration depends on the nature of the case. For a petty case like Mr. Sharma's, the matter is typically resolved within a day or two by paying a fine in court. There is no lengthy investigation. However, if an FIR is filed (for instance, if the drunk driving led to an accident), the investigation under the BNSS will follow a more detailed procedure. The police will collect evidence, record witness statements, and file a final report (chargesheet) in court, a process that can take several weeks to months.
Advocate Sudhir Rao, Supreme Court of India