We have all heard how dangerous drunken driving can be. It is not just the person behind the wheel whose life is at stake but others too. With an increase in the party culture and the society shedding the taboo around drinking, there have been many incidents of drunk and drive cases. Thus it is a crucial topic that we all should be well educated about. This is our attempt to shed light on all the details and laws related to drinking and driving in India.
What is the Legal Drinking Age?
As alcohol-related laws is a subject matter of state jurisdictions, the legal drinking age varies from state to state. The general range of the legal drinking age is 18 to 25 years. States like Goa, Karnataka etc., have a legal drinking age of 18 while states like Haryana have the higher range of 25 years.
Drunk Driving
A person is said to be guilty of drunk driving or driving under the influence of alcohol if the blood alcohol level detected by the breath analyzer is exceeding 30 mg per 100 ml of blood or use of a drug where it renders them incapable of exercising proper control over a vehicle.
Drunken driving laws and punishment
Owing to the multiple road mishaps and an increase in the number of driving under the influence incidents, Section 185 of the Motor Vehicles Act, 1988 made driving under influence a criminal offense.
The punishment for driving under influence is anywhere between 6 months to 2 years. The primary punishment is imprisonment up to six months with a fine up to INR2000. If a person is found guilty of driving under influence within three years of being convicted for the same offense, the imprisonment can range up to two years with or without fine.
To convict someone under this criminal offense, one has to prove that:
- The person was driving under influence and had 30 mg of alcohol per 100 ml. of blood which is detectable by Breath Analyser;
- The person is under influence of drugs to an extent where they are unable to exercise proper control over the vehicle.
Recently, the Union Cabinet chaired by the Prime Minister Mr. Narendra Modi has approved the Motor Vehicle (Amendment) Bill, 2016. The Bill proposes to increase the fine amount for drunk driving from INR 2000 to INR 10000 for the better road safety practices.
Rules regarding breath analyzer test
It is important to look at the rules followed for the breath analyzer test as it plays a crucial role as evidence in determining if someone is drunk driving.
- A police personnel in uniform or a motor vehicles department officer may ask you to take the test.
- The breath analyzer instrument is approved by the central government and obtains the results by the suspect blowing breath in it.
- If a person refuses to take the test, it is presumed that they did so since they were sure that the test will show adverse results and hence it is considered that they are guilty.
- Owing to the breath analyzer test is a preliminary test, the police may ask you to take a lab test if required.
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