The story

Mr. Kumar was stopped by the traffic police during a routine check in the city of Vikasnagar late one evening. A breathalyzer test was administered, which showed his Blood Alcohol Content (BAC) to be 37mg per 100ml of blood. This reading was slightly above the legally permissible limit of 30mg. Consequently, the police issued a traffic challan, impounded his driving license, and directed him to appear before the local Magistrate’s court on a specific date. Mr. Kumar is now considering not attending the court hearing, believing the low reading might lead to a dismissal or a minor penalty. He is uncertain about the legal consequences of non-appearance in court.

Advice in such cases

If you find yourself in a similar situation with a drink and drive challan, it is crucial to handle it responsibly. Ignoring a court summons can escalate a minor traffic violation into a more serious legal problem.

• Never ignore a court summons or challan. Non-appearance is treated as contempt of the court’s authority.
• The court will not dismiss the case simply because you did not show up. Instead, it will take stricter measures against you.
• Even if the BAC reading is low, it is still an offence as it exceeds the legal limit. The low reading might be a mitigating factor for a lesser penalty, but it is not a ground for acquittal on its own.
• Keep all your documents, including the challan, driving license, vehicle registration, and insurance papers, organized and ready.
• 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 laws governing drink and drive cases in India are part of the Motor Vehicles Act, with procedural aspects governed by the new criminal laws.

• Section 185 of the Motor Vehicles Act, 1988: This is the main section that penalizes driving under the influence of alcohol or drugs. For a first offence, it prescribes imprisonment for a term which may extend to six months, or a fine of up to ₹10,000, or both. For a subsequent offence, the penalty increases significantly.
• Section 20 of the Motor Vehicles Act, 1988: This section grants the court the power to disqualify the offender from holding a driving license.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The procedure for the court summons, appearance, and trial is governed by the BNSS. If you fail to appear in court on the specified date, the court has the authority under the BNSS to issue a bailable or even a non-bailable warrant against you to ensure your presence.

If you are the complainant

In a drink and drive case, the complainant is the State, represented by the traffic police department that issued the challan. The police officer acts as the primary witness for the prosecution.

• The role of the police is to present the evidence, including the challan and the breathalyzer test report, before the court.
• If the accused fails to appear, the prosecuting officer will apprise the court of the non-compliance and request further action, such as the issuance of a warrant.
• The case proceeds based on the evidence collected at the time of the incident, and the prosecution’s goal is to prove the offence 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

In this context, the “victim” is the individual who has received the challan and is accused of the offence. Your priority should be to address the legal notice promptly and correctly.

• Attend the Court Hearing: It is mandatory to appear in court on the given date, either in person or through your lawyer. Ignoring the summons will lead to the issuance of a warrant for your arrest.
• Plead Your Case: You or your lawyer can plead guilty and request leniency from the court, citing the low BAC reading as a mitigating factor. This often results in a fine without imprisonment for a first-time offence.
• Contest the Challan: If you believe the test was faulty or there are other grounds to challenge the challan, you can contest the case. However, this will require a proper trial.
• 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 in such matters are typically procedural. Their primary job is enforcement and documentation. After issuing a challan, their role shifts to that of a prosecuting agency in court. They will submit the challan and the breathalyzer report to the court. If the accused fails to appear, the police are obligated to execute the court’s orders, which may include serving a summons or executing an arrest warrant. They are generally not open to negotiation once a challan has been issued, as the matter is then under the jurisdiction of the judiciary.

FAQs people normally have

• What happens if I miss my court date? The court will likely issue a bailable warrant first. If you still do not appear, a non-bailable warrant may be issued, leading to your arrest.
• Can a lawyer appear on my behalf? Yes, for traffic challans, you can authorize a lawyer to appear on your behalf. They can enter a plea and pay the fine as per the court’s order.
• Will I definitely go to jail? For a first offence with a low BAC reading, imprisonment is highly unlikely. The court usually imposes a fine and may suspend the driving license for a certain period.
• Can I just pay the fine online and avoid court? Some minor traffic violations can be settled online through virtual courts. However, drink and drive cases typically require a mandatory court appearance because of the severity and the potential for license suspension.

What evidence is required?

The evidence is straightforward in these cases. The prosecution (police) relies on:

• The original challan issued on the spot.
• The report from the breathalyzer device, which shows the BAC level.
• The testimony of the police officer(s) who conducted the check.

As the accused, your primary evidence would be your documents (license, RC) and any arguments or evidence your lawyer presents to plead for leniency or to challenge the charge itself.

How long will the investigation take?

In a drink and drive challan case, the “investigation” is effectively complete the moment the breathalyzer test is done and the challan is issued. The subsequent process is purely judicial. If you appear on the first date and plead guilty, the matter can be disposed of on the same day within a few hours. The magistrate will pronounce the fine, which you can pay at the court counter to close the case. If you choose to contest the charge, the trial may take several months, depending on the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India