What does the Motor Vehicle Act say?

a) Has, in his/her 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 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. 

c) The moment a traffic personnel suspect a particular person may be under the influence of alcohol, he/she is subjected to breathe analyzer test (alcometer). 

d) If detected ‘drunk’, the matter is forwarded to the magistrate where the person is compounded for the act. 

e) However, if the person becomes violent, the choice is to either arrest him/her or issue a challan. 

f) In certain cases, vehicles are seized which are released only after the court order. 

g) The driver is not allowed possession of the vehicle at that time as he is drunk and may endanger his life as well as others. 

h) The department then recommends suspension of the licence to the licencing authority. 

i) The assistant director issues a show cause notice to the opposite party asking why licence should not be cancelled. 

j) Hearings are conducted as the driver is given an opportunity to defend himself/herself. An order whether or not licence is suspended/cancelled is then pronounced.