If you are stuck in such a situation, here is what to do.

Many people find themselves in a confusing and stressful situation when stopped by traffic police for a potential drink and drive offense. Consider the case of Mr. Verma, who was driving home in the city of Vikasnagar. He had consumed a single pint of beer with dinner around 7 PM. Later that night, around 11 PM, he was stopped at a police checkpoint. Confident that the alcohol would have worn off, he was surprised when the initial screening device indicated the presence of alcohol in his breath. The police officers then asked him to undergo a more formal test and informed him of the serious legal repercussions.

This scenario raises important questions about the law, police procedures, and the right course of action. It’s crucial to understand that even a small amount of alcohol can remain in your system for hours, and the only foolproof way to avoid a drink and drive charge is to not drink at all if you plan to drive. Offering a bribe to get away is a separate and serious criminal offense that can lead to severe penalties for both the giver and the taker.

Advice in such cases

• Remain Calm and Polite: Do not argue aggressively with the police officers. Cooperate with their instructions calmly. Your behaviour can be noted and mentioned in the police report.
• Understand the Procedure: Police typically use a handheld device (breathalyzer) for a preliminary screening test. If it shows a positive result, they will ask you to take an evidentiary breath test on a more accurate, calibrated device, often at the police station or a medical facility.
• Do Not Offer a Bribe: Bribing a public servant is a crime under the Prevention of Corruption Act. This will escalate your legal troubles significantly.
• Request a Medical Test: If you believe the breathalyzer reading is inaccurate, you have the right to request a blood test at a nearby government hospital to confirm your Blood Alcohol Content (BAC).
• 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 this offense is the Motor Vehicles Act, 1988.

• Section 185 of the Motor Vehicles Act, 1988: This is the main section dealing with driving under the influence of alcohol or drugs. It makes it an offense to drive or attempt to drive a motor vehicle if your Blood Alcohol Content (BAC) exceeds 30 mg per 100 ml of blood, or if you are under the influence of a drug to such an extent that you are incapable of exercising proper control over the vehicle.
• Penalties: For a first offense, the penalty can be imprisonment for up to six months, or a fine of up to ₹10,000, or both. For a second or subsequent offense committed within three years, the penalty can be imprisonment for up to two years, or a fine of up to ₹15,000, or both. Your driving license will also be suspended.
• Section 106 of the Bharatiya Nyaya Sanhita (BNS), 2023: If a drunk driving incident results in a death, the driver can be charged under this section for causing death by negligence. The new law has provisions for stricter punishments in hit-and-run cases.

If you are the complainant

In a typical drink and drive case, the State (through the police) is the complainant. However, if you are a person who has been affected by someone else’s drunk driving (e.g., in an accident), you become the complainant or victim.

• File an FIR: Immediately report the incident at the nearest police station and file a First Information Report (FIR). Insist that the police include the fact that you suspect the other driver was intoxicated.
• Demand Medical Testing: Insist that the police conduct a breathalyzer or blood test on the accused driver immediately. Any delay can result in the alcohol dissipating from their system.
• Gather Evidence: If possible, take pictures or videos of the scene, the vehicles, and the driver. Note down the contact details of any witnesses.
• 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 the crime.

• Prioritize Medical Attention: Your health and safety come first. Get medical help immediately and keep a record of all medical reports and bills.
• Ensure FIR Registration: Make sure the police register an FIR and provide you with a copy free of cost. This document is essential for legal proceedings and insurance claims.
• Document Everything: Keep all records, including medical expenses, vehicle repair estimates, and any other costs incurred due to the accident.
• 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

Police have a set procedure for handling drink and drive cases. They will stop vehicles at checkpoints, especially during late hours. The officer will use a breathalyzer to test the driver. If the BAC level is above the legal limit, the police will seize the vehicle’s documents and the driver’s license. The vehicle may be impounded. They will issue a challan (ticket) and a notice for you to appear before a magistrate. While most officers follow this protocol, some may try to intimidate you. It is vital to remain calm, know your rights, and not succumb to illegal demands.

FAQs people normally have

• What is the legal alcohol limit in India?
  

  The legal limit for Blood Alcohol Content (BAC) is 30 mg of alcohol per 100 ml of blood. Even a single drink can put some individuals over this limit.

  
  
• Can I refuse to take a breathalyzer test?
  

  Under Section 203 of the Motor Vehicles Act, refusing to provide a breath or blood sample when required by a police officer can lead to legal consequences, including arrest and penalties similar to failing the test.

  
  
• Is driving after drinking a bailable offense?
  

  Yes, an offense under Section 185 of the Motor Vehicles Act is generally a bailable offense. You can get bail from the police station itself or from the court.

  
  
• Will my car be seized?
  

  Yes, the police are empowered to impound your vehicle until the legal proceedings are completed or until the court orders its release.

  
  

What evidence is required?

The prosecution relies on key pieces of evidence to prove a drink and drive case in court:

• The printout from the evidentiary breathalyzer test showing the BAC level.
• The blood test report, if one was conducted.
• The testimony of the police officers who conducted the test.
• The challan or FIR registered against the accused.
• Any CCTV footage or witness testimony, if available.

How long will the investigation take?

The initial procedure at the checkpoint, including testing and issuing a challan, is usually completed within an hour or two. The subsequent court case, however, can take time. You will be required to appear in court on the given date. The case might be resolved in a single hearing if you plead guilty, or it could take several weeks to a few months if you contest the charge, depending on the court’s schedule and the specifics of your case.

Advocate Sudhir Rao, Supreme Court of India