Authored by
Bhavna Raghunath & Ishita Gugnani
It’s a good night out with friends, and
you are a few drinks down. But you're not drunk, surely you can drive yourself
back home. You are minutes away from home, and you are waved down by a
policeman. Within a second realization strikes and you know you are going to be
subjected to the Breathalyzer. Your mind is immediately flooded with a million
questions. This post is aimed at arming you with relevant information
regarding your rights in such a situation.
The first question that would crop up
in your mind would be whether the Breath analyzer would detect those two drinks
you had. In India the permissible limit is 30 mg of alcohol per 100 ml. of
blood (this would mean, either a small glass of wine/one bottle of beer/30 ml
whisky but this varies from person to person depending on variables such as
their weight and the alcohol content in the drink). Now, if the
panic levels have begun to skyrocket you are probably considering the option of
refusing to take the test. Before jumping to such rash decisions, it’s better
to know what the police will actually do.
An important thing to keep in mind is
that a breathalyzer test can only be administered upon you by a police
officer who is in uniform or any officer of the Motor Vehicles
Department. Additionally, such officers must have ‘reasonable cause to suspect’
you of driving under the influence of alcohol and you’re at a public place.
Only then can they can validly ask you to take such a test. The exact wording
of Section 203 of the Motor Vehicles Act can be found here.
The first thing that you would probably
be asked is whether you have had anything to drink. You can refuse to answer
that question courtesy of the Indian constitution, which protects you from
self-incrimination. However, if the police officer believes that you are
inebriated you may be asked to take a Breathalyzer test. The bad news is that
you may be arrested on refusal to take the test as in cases of heavy
intoxication some may even fail to be able to provide a proper breath sample.
The arrest does not require a warrant unless the person is hospitalized. If you
are arrested under such conditions it is mandatory to be subjected to a medical
examination conducted by a medical practitioner within two hours of the arrest.
In case this is not adhered to you must be released from custody. Officers also have strict instructions to use disposable straws to conduct the test. You can insist on a fresh straw to be taken out in front of you and destroy the straw after you have used it.
The next concern would be with regard
to the penalty that you could be faced with. Under Section 185
of the Motor Vehicles Act, 1988 the charge would be one of impaired driving.
The punishment would comprise of imprisonment for a period up to six months and
of a fine up to Rs 2000. Further, you would be disqualified from driving for a
period extending up to 6 months and the car you were driving will be left in
police custody and will only be released after you have settled your case in
the court. In cases where a person has been convicted earlier for
impaired driving, their license will be cancelled for a time period that the
court considers fit, along with regular proceedings of imprisonment up to two
years as well as a fine of Rs 3000. In addition, you should be informed that
only a reading of a breathalyzer test is not sufficient evidence to cancel a
driver’s license without a documented blood test at a certified hospital.
Section 204 of the Motor Vehicles Act, 1988 allows you to challenge the
recommendation for cancellation of license if it has been done only on
the basis of a breathalyzer test.
Yes, we know what you’re
thinking.
Do such breathalyzers also check for
drug usage?
The answer is no because at the moment;police breathalyzers operate by gauging the relative amount of ethanol (alcohol) in your breath and extrapolating the blood alcohol content from the measurement. But that said, officers are trained to visually detect signs of drug use (red eyes, dialated pupils, excitablility, etc.) along with the usual 'reasonable cause to suspect' drug and alcohol usage.
It is also useful to note: http://timesofindia.indiatimes.com/home/science/Breathalyzer-for-pot-soon/articleshow/45400352.cms
Since we are students of a private
institution, the concerned authorities too have certain leverage over us and
can ask us to undergo a breathalyzer test while entering the campus. According
to the “First Statutes of the University”, a breach of the set guidelines will
result in disciplinary action. If you refuse to undergo a breath analyzer test
for the first time, the Disciplinary Committee can offer counseling and also
give a written warning alongwith intimating to your parents about your behavior.
If you have refused for the second time, you will get a suspension for one
whole semester and a third time refusal will result in expulsion.
All said and done, it is best we act as
responsible individuals and realize that alcohol and driving do not mix. If
you have had a few drinks, it is best to call a cab or ask someone who is sober
to drive you home. This will not only save your life but also the lives of
innocent strangers who happen to be on the road at that point of time.
--
Sources:
2.
Student Handbook, O.P. Jindal Global
University
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