Driving by a drunken person is dealt with in Section 185 of the Motor Vehicles Act, 1988. As per this legal provision, if a person drives or attempts to drive a vehicle while he has alcohol in his blood, exceeding 30 mg. per 100 ml. of blood, which is detected in a test by a breath analyser, then he is liable for punishment for the offence of drunken driving. The punishment is up to 6 months’ imprisonment and/or fine up to ₹ 2000 for the first offence. If he commits a similar offence within 3 years of the first such offence, then the punishment can be up to 2 years of imprisonment and/or fine of up to ₹ 3000.
Moreover, Section 22(2) of this Act provides that at the time of second conviction for the offence of drunken driving under Section 185, the court shall order cancellation of the driving licence of such person.
Section 185 is reproduced below for a ready reference:
“185. Driving by a drunken person or by a person under the influence of drugs.—Whoever, while driving, or attempting to drive, a motor vehicle,—
(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or
(b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle,
shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.
Explanation.—For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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