Response

The limit of Blood alcohol content in India is 30 mgs/100ml. If the level is above 30 mgs/100ml(practically 40 mg/100 mil), the police is supposed to book you under Driving under Influence. There is no spot fine for drunk driving. The police give notice/receipt, the driver has to go to court to pay a fine. The offender’s Driving License (DL) and Car’s Registration Copy (RC) is seized.

The vehicle may also be taken. If the vehicle is seized, police have to do spot inspection report , has to put the property form number and submit it to the court. The vehicle will be released to the owner only with the court order. The punishment for drunk driving is six month’s imprisonment or payment of a fine up to Rs. 10,000 or both. You need to go to the court to pay the fine, within 15 days.

Then you have to deposit the fine. You get a receipt. You need to take the receipt and go the traffic control office in the area. If the Particular Inspector whose name is mentioned in your violation ticket is not available at the station you will have to wait for him to come and release your vehicle if it was confiscated on the day of Drink and Drive. Drunken Driving Case is an offence under the Motor Vehicle Act 1988.

Such cases come under violations of law not amounting to criminal offences. When applying for any post, the candidate is not obliged to mention such violations but asked to mention only such criminal offences which resulted in a jail term. It will not be reflected in your Police Verification for Passport, Job etc. As long as you are caught before causing any serious accident, this offence will not affect your career prospects.

Reference: Section. 185, Motor Vehicles Act, 1988

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