Driving under the influence of alcohol is punishable under Section 185 of the Motor Vehicle Act 1988 (MVA). Level of alcohol intoxication is indicated by Blood Alcohol Content (BAC) test. In India, the legal limit for BAC for drivers is 0.03% or 30 mg of alcohol per 100 mL of blood. This limit is relatively low compared to some other countries, reflecting a strict stance against the risk of accidents caused by impaired driving. Driving with a BAC above legal limit is considered an offence under MVA and can result in penalties including fines, imprisonment, and suspension of the driver’s licence.
Blood Alcohol Content (BAC) is expressed as percentage of mass of alcohol (in grams) per volume of blood (100 millilitres). For example, a BAC of 0.10 means that there is 0.10 g of alcohol for every 100 mL of blood. In different countries, the maximum permitted BAC, when driving, ranges from limit of detection to 0.08. BAC levels over 0.08 are considered impaired.
An alcometer, also known as a breathalyser, is a device used to measure the concentration of alcohol in a person’s breath. This measurement is used to estimate the blood alcohol content (BAC), which indicates the level of alcohol intoxication. Alcometers are widely used by law enforcement agencies, especially traffic police, to enforce drunk-driving laws. When a person consumes alcohol, it gets absorbed into the bloodstream and eventually gets exhaled through the lungs. The alcometer analyses the breath sample to determine the amount of alcohol present. The device has a mouthpiece where the individual blows into, and it provides a digital readout of the alcohol level. The primary use of an alcometer is in traffic law enforcement to check whether drivers are operating under the influence of alcohol. If the reading is above the legal limit set by the jurisdiction, it can be used as evidence of drunken driving. This tool is crucial for promoting road safety and preventing accidents caused by impaired driving.
Section 185 deals with driving by a person under the influence of alcohol or drugs. The punishment for a first-time offence includes a fine of Rs 10000 or imprisonment for upto 6 months, or both. For subsequent offences, the penalty is increased to Rs 15000 or imprisonment for upto 2 years.
Under the Motor Vehicle Act of India, if a driver is found guilty of driving under the influence of alcohol or drugs, as specified in Section 185, their driving licence is subject to suspension. According to the Act, the license is typically suspended for a period of at least six months for a first-time offence. For repeat offences, the suspension period can be longer. This action is part of the penalties imposed to discourage drunk driving and enhance road safety. The exact duration of the suspension and other penalties can vary based on the specifics of the offence and the discretion of the authorities.
The awareness about the repercussions should deter people from driving under intoxication.