Driving by a drunken person or by a person under the influence of drugs
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Summary
Driving or attempting to drive with blood alcohol exceeding 30 mg per 100 ml as shown by a breath analyser, or while so affected by specified drugs that one cannot properly control the vehicle, is an offence. First offence: imprisonment up to six months, or fine up to Rs 2,000, or both. Second or subsequent offence within three years: imprisonment up to two years, or fine up to Rs 3,000, or both.
Example
Ravi drives home after a party and is stopped by police. A breath analyser shows 40 mg per 100 ml of blood. As a first offence he may face imprisonment for up to six months, or a fine up to Rs 2,000, or both.
Bare Act
Enacted textWhoever, while driving, or attempting to drive, a motor vehicle—
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(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or
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(b) is under this 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.
ExplanationsFor 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.
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