If you are stuck in such a situation, here is what to do.
Mr. Alok was recently stopped by traffic police during a routine check in the city of Navnagar. After being asked to use a breathalyzer, the reading indicated that he was over the legal limit for alcohol consumption. The police officers then escorted him to the local police station. At the station, they took his blood samples for further testing and recorded his biometric information. An FIR (First Information Report) was filed against him, and his vehicle was impounded. He was instructed to appear before a magistrate, pay a fine, and then he could reclaim his vehicle. Mr. Alok is now deeply concerned about the potential impact of this criminal charge on his future career prospects and is seeking guidance on how to handle the situation.
Advice in such cases
Being charged with driving under the influence can be a stressful experience. It’s crucial to handle the situation calmly and methodically to ensure the best possible outcome.
Remain Calm and Cooperative: Do not argue aggressively with the police. Cooperate with the procedures like the breathalyzer test and medical examination. Any aggression can lead to additional charges.
Understand the Charges: You are being charged under the Motor Vehicles Act for driving under the influence of alcohol. This is a criminal offense with specific legal consequences.
Do Not Offer Bribes: Attempting to bribe a police officer is a serious crime and will significantly worsen your situation.
Gather Your Documents: Keep your driving license, vehicle registration, and insurance documents handy. The police will require these.
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
The primary law governing drink and drive cases in India is the Motor Vehicles Act, 1988.
Section 185 of the Motor Vehicles Act, 1988: This is the key section that criminalizes driving under the influence. It states that if a person drives or attempts to drive a motor vehicle with a blood alcohol concentration (BAC) exceeding 30 mg per 100 ml of blood, detected by a breathalyzer or any other test, they are committing an offense. For a first offense, the punishment can include imprisonment for up to six months, or a fine of up to ₹10,000, or both. For a subsequent offense committed within three years, the punishment can be imprisonment for up to two years, or a fine of up to ₹15,000, or both.
Section 203 of the Motor Vehicles Act, 1988: This section gives the police the power to require a breath test from any person they reasonably suspect of having committed an offense under Section 185.
Section 204 of the Motor Vehicles Act, 1988: This section provides for laboratory testing (like blood tests) if the person refuses a breath test or if the breathalyzer is not available.
If you are the accused
If you have been charged with a drink and drive offense, you are now the accused in a criminal case initiated by the state. Here are the steps to take:
Do Not Miss Your Court Date: You will be given a date to appear before a Magistrate. Failing to appear can lead to a warrant being issued against you.
Prepare for the Court Hearing: The court will ask you whether you plead guilty or not guilty. Your decision should be made after careful consideration and legal advice.
Pleading Guilty: If the evidence against you is strong (e.g., a high BAC reading), you might be advised to plead guilty. This often leads to a quicker resolution where the court imposes a fine and/or other penalties like license suspension.
Pleading Not Guilty: If there are procedural lapses or a belief that the evidence is flawed, you can plead not guilty. This will lead to a trial where the prosecution must prove your guilt beyond a reasonable doubt.
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
If you have been injured or your property has been damaged by a drunk driver, you are the victim of a serious crime. Here is what you should do:
Seek Immediate Medical Attention: Your health is the top priority. Go to a hospital and ensure all your injuries are documented in a Medico-Legal Certificate (MLC).
File an FIR: Report the incident to the police immediately. Provide them with all the details of the accident, the driver, and the vehicle. Ensure the FIR mentions that you suspect the driver was intoxicated.
Preserve Evidence: Take pictures of the accident scene, your injuries, and the damage to your vehicle. Get contact details of any witnesses.
File for Compensation: You can file a claim for compensation for your medical expenses, loss of income, and other damages at the Motor Accidents Claims Tribunal (MACT).
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 required to follow a specific protocol in drink and drive cases. Typically, they set up checkpoints (nakas) in areas known for such incidents. They will stop vehicles and use a breathalyzer to test drivers. If the device shows a BAC above the legal limit, they will detain the driver, impound the vehicle, and take the individual to a police station or a government hospital for a confirmatory blood test. An FIR is registered, and the case is forwarded to the court. While most officers follow the procedure, a knowledgeable lawyer can identify any deviations from the due process that could be beneficial to your case.
FAQs people normally have
Will a drink and drive case affect my career? A conviction for a criminal offense can have implications, especially for government jobs or jobs requiring background checks. It is crucial to handle the case diligently to minimize its impact. Many private sector employers may not be as stringent, but it is best to resolve the matter legally.
Can I get my driving license suspended? Yes, the court has the power to disqualify you from holding a driving license for a certain period as part of the punishment.
Is this a bailable offense? Yes, an offense under Section 185 of the Motor Vehicles Act is bailable. You can usually get bail from the police station itself or from the court.
What if I refuse the breath test? Refusing a breath test without a reasonable cause can lead to penalties and may be seen as an admission of guilt by the court.
What evidence is required?
The prosecution relies on several key pieces of evidence to prove a drink and drive case:
The report from the breathalyzer test.
The Medico-Legal Certificate (MLC) and blood test report from a government-authorized laboratory, which confirms the Blood Alcohol Concentration (BAC).
The testimony of the police officers who conducted the check and arrest.
The FIR and the final charge sheet filed by the police.
Statements from any independent witnesses, if available.
How long will the investigation take?
The initial part of the process, including the breath test, medical examination, and filing of the FIR, is usually completed within a few hours of being stopped. The subsequent court proceedings are what take time. If you plead guilty, the matter can be disposed of in a single hearing. If you plead not guilty and the case goes to trial, it can take several months to over a year, depending on the court’s schedule and the complexity of the case.
Advocate Sudhir Rao, Supreme Court of India