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What is fine and penalty of drunk and drive case
01-Apr-2023 (In Motor Accident Law)
i have been caught for drunk and drive case on 27th of march 2017, i have just drunk 1 beer but the machine showed some value like 80, i am working in Gujarat so i need to return back on 5th April, i was driving a car which is registered to my dad's name. my questions are : 1. how much will be the current fine for this case(all my police records are clean) 2.should i appear before court when i receive a summons or is there any other option 3. My dad is planning to sell the same car which i was driving with in 2 or 3 days ,will there be any problem in selling it?
Higher penalties were introduced, including fines from ?2,000 to ?10,000 and imprisonment from 6 months to 4 years. Different penalties are assessed depending on the blood alcohol content at the time of the offence.
Alcohol Level Fines penalties and Jail
150 mg or above per 100 ml blood
First time offence charged Rs.5000 and 2 years imprisonment. Repeated
offence within 3 years Rs.10000 fine plus 4 years jail.
60 to 150 mg per 100 ml blood 1 year imprisonment and/or Rs.4000 fine. Second and repeated offence
attracts 3 years jail and/or Rs.8000 fine.
30 to 60 mg alcohol per 100 ml blood Rs.2000 or/and 6 months jail.
30 mg or lower per 100 ml Offence is not considered at this level of alcohol in blood.
Also, regarding the sale of the same vehicle, According to the section 185 of MV Act,
Driving by a drunken person or by a person under the influence of drugs. (MVA S 185)—A person who, while driving, or attempting to drive, a vehicle,—
(a) has, in his 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, is punishable for the first offence with imprisonment for a term which extends to six months, or with fine which extends to two thousand rupees, or with both; and for a second or subsequent
offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which extends to two years, or with fine which extends to three thousand rupees, or with both.
2) Besides your license can get suspended as well.
3) Usually , as is evident from the provision in the law the first time offender is let off with a penalty and a stern warning.
Thus, there is no proceedings regarding the impounding the vehicle which you were driving, so there will not be any effect regarding the sale of the same.
Alcohol Level Fines penalties and Jail
150 mg or above per 100 ml blood
First time offence charged Rs.5000 and 2 years imprisonment. Repeated
offence within 3 years Rs.10000 fine plus 4 years jail.
60 to 150 mg per 100 ml blood 1 year imprisonment and/or Rs.4000 fine. Second and repeated offence
attracts 3 years jail and/or Rs.8000 fine.
30 to 60 mg alcohol per 100 ml blood Rs.2000 or/and 6 months jail.
30 mg or lower per 100 ml Offence is not considered at this level of alcohol in blood.
Also, regarding the sale of the same vehicle, According to the section 185 of MV Act,
Driving by a drunken person or by a person under the influence of drugs. (MVA S 185)—A person who, while driving, or attempting to drive, a vehicle,—
(a) has, in his 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, is punishable for the first offence with imprisonment for a term which extends to six months, or with fine which extends to two thousand rupees, or with both; and for a second or subsequent
offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which extends to two years, or with fine which extends to three thousand rupees, or with both.
2) Besides your license can get suspended as well.
3) Usually , as is evident from the provision in the law the first time offender is let off with a penalty and a stern warning.
Thus, there is no proceedings regarding the impounding the vehicle which you were driving, so there will not be any effect regarding the sale of the same.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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