Drunk and drive

Dear Client,
Section 185 of The Motor Vehicles Act, 1988 makes driving under the influence of drugs or alcohol a criminal and non-bailable offence in India. The Government has made stricter rules under Section 185 of the Motor Vehicle Act. Punishments under Section 185 of the MV Act include a fine of up to ₹10,000 or imprisonment of up to 6 months or both, including suspension of the driving license. . A preliminary or passive test is carried out by holding the instrument (breath analyzer) close to the mouth and asking the name of the person or to blow, which indicates consumption of alcohol (passive test). If the result is positive, a breath sample is taken using the disposable straw and the printout out taken using a connected printer. Subsequently, the Patent ductus arteriosus (PDA) generated police notice is given to the motorists/offenders. The offender will be given a notice and directed to appear before the jurisdictional court, and he has to pay a fine there as may be directed by the Court. Considering the complexity of the traffic rules violation cases, it is always recommended to consult or hire an experienced Advocate to navigate the issue in the right way.