Reports from 2017 suggest that 13 people die every day in India from a road accident caused due to driving under the influence.
Road accidents have long been a leading cause of fatality in human life.
Illegal and incarcerating
Driving under the influence of alcohol and narcotics is illegal and incarcerating.
The judiciary and the Government work in tandem to curb deaths due to the illicit act.
The Motor Vehicles Act, 1988, elaborates on any form of legislation involving motor vehicles.
Section 185 and Section 202 of the Motor Vehicle Act entail guidelines on the incrimination and sentence for any citizen guilty of driving under the influence.
Section 185
Section 185 of the Motor Vehicles Act, 1988, states that driving or attempting to drive any motor vehicle while intoxicated could lead to six months of imprisonment or penalize for up to Rs. 2000.
The Charges
The threshold for pressing charges is 30mg alcohol per 100mL of blood, detected by a breath analyzer.
Recurring offenses within three years from previous charges could incriminate the accused for three years in prison or increased penalty.
The accused must be incapable of exercising control over their vehicle specified by the Central Government.
Government bodies and non-government organizations have rallied for adopting a zero-tolerance policy regarding the section’s charges as a response to mitigating road accidents.
With the Motor Vehicle Act amendments as of 2019, drunken driving could incur a penalty of Rs. 10,000.
Repeated offense may lead to permanent cancellation of the driving license.
Section 202
Section 202 of the Motor Vehicles Act, 1988, bestows a uniformed officer’s power to arrest without warrant anyone deemed guilty under Section 185.
The accused must undergo medical examination within two hours following their arrest.
The officer can also charge the accused under Section 202 if they refuse to submit their name and address or falsify the details.
The arresting officers may also take any necessary actions to temporarily dispose of the accused’s vehicle if the circumstances deem necessary.