When can a motorist be charged with drunk driving? What is the procedure for paying the fine in Banglore?






Dhruv Dhruv
Answered on December 19,2019

A motorist caught driving under the influence of liquor beyond permissible limit is liable to be charged with the offence of drunken driving. Legal permissible limit is 30mg of alcohol per 100ml of blood. Traffic police uses state of art alco-meters (breath analyzers) accepted worldwide to measure the level of alcohol in blood. This is scientifically and legally accepted method all over the world. Our instruments are calibrated once in three months with a probable error of +(-) 5%. Therefore, we do not panelize anyone below 40mg per 100ml of blood even though legal limit is only 30. Anyone driving with alcohol level below a reading of 40 is not, repeat not, liable for prosecution.
However, everyone need not be subjected to measurement. Merely, by bringing the instruments close to mouth and asking name of the person indicates preliminary result whether the person has consumed alcohol are not. If the result is negative, no measurement is required and person is allowed to go. If the result is positive, measurement is done using the disposable straw and reading printed using connected printers. Subsequently, the blackberry generated police notice is given to the motorists. No one can be prosecuted without a computerized print out indicating reading and a blackberry print out of mentioning that reading.
However, there is no spot there are no spot for drunk driving. No police officer is allowed to collect spot fines for this offence. The person will be given a notice, will be sent to the court and the offender will have to pay a fine there. The punishment for drunk driving is six month’s imprisonment or payment of a fine up to Rs.2,000/- or both. If the offender is caught committing the offence a second time, he will have to face imprisonment of two years or a fine up to Rs.3,000 or both. After being issued a notice, the motorist will not be allowed to drive. He will have to leave his vehicle behind and take a cab home or call a friend or relative to drive him home. In case he wants to take the vehicle using the another person who is not drunk but is free to do so after leaving his original driving license and RC book under acknowledgement with the police officer. Very often, motorists try to avoid legal proceedings by bribing the police officers concerned. However, the best thing to do in such circumstances is to follow the proper procedures and not resort to corruption. Moreover, if a person continues to drive under the influence of alcohol and gets involved in a fatal accident, he will be booked for culpable homicide – which is a non-bailable offence


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