Driving under the influence of alcohol is a serious offense, and Section 185 of the Motor Vehicle Act explicitly prohibits it. Many people, after consuming a couple of drinks, decide to go on a leisurely drive, often heading out for a picnic or a casual outing. However, this often leads to unfortunate consequences when the police stop them and charge them with the offense of driving under the influence (DUI). In some cases, even minor traffic violations such as running a red light or not wearing a helmet can escalate into a DUI charge. But what exactly happens if you are caught driving under the influence? Let’s break it down.
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What is Legal Section for drunk and driving, DUI ?
Under the Motor Vehicle Act, Section 185, if a person is found driving under the influence of alcohol or drugs, they can be charged and face legal consequences. Now, many times people may think that a police officer might just issue a fine for minor infractions like running a red light or not wearing a helmet, but the situation becomes more complicated when alcohol is involved.
What process is use to catch Drunk and Driving in India?
If you are suspected to be driving under the influence, the police will first need to conduct a breathalyzer test to check your blood alcohol content (BAC). The police officer will use a breathalyzer machine, which is typically kept with them for this purpose. If the machine detects alcohol in your breath, you can be charged with driving under the influence. However, if the machine does not detect any alcohol, you cannot be charged for the offense.
In some cases, even if the breathalyzer machine shows negative results or is not available, the police may still go ahead and file a case against you. This is one of the scenarios where a “false” case could be filed against an individual, especially if there is a personal dispute or if the police want to cover up other minor traffic violations.
What process happens at court after caught drink driving ?
Unlike minor traffic violations, such as not wearing a helmet or jumping a red light, where you can pay a fine on the spot, the procedure for a DUI charge is more complicated. If you’re caught driving under the influence, the police cannot immediately issue a fine. Instead, they will register a formal charge against you and take you to court.
The case will then be presented before a Magistrate. It can take several months, sometimes even up to two years, for your case to be resolved in court. During this period, the Magistrate will assess the evidence and decide whether you are guilty or not.
What are Legal options When Charged with a DUI ?
When your case reaches the Magistrate, you will be given two options:
1. Confess and Pay the Fine: The first option is to accept the charge, confess that you were driving under the influence, and pay a fine. By admitting guilt, you are acknowledging that you committed the offense, and this will go on your criminal record. The fine for DUI typically ranges around INR 10,000, but this can vary based on the circumstances.
2. Go for a Trial: The second option is to contest the charges in court. If you believe that the police did not have sufficient evidence to prove that you were under the influence, or if the case against you is false, you can choose to go to trial. During the trial, the police will have to present evidence, such as the breathalyzer test results, witness testimonies, and other documents. If they fail to prove their case, you may be acquitted of the charges.
Should you go on Trial for Drunk and Driving Case?
While it may seem easier to just pay the fine and close the case, it’s important to understand that admitting guilt can have long-lasting consequences. A DUI conviction will remain on your criminal record, and it will reflect negatively on your character, which could affect future opportunities and personal reputation.
If you opt for a trial, there is a good chance that you could be acquitted if the police fail to provide adequate proof. A trial gives you the opportunity to challenge the evidence and potentially clear your name. While the trial process can take time, and may be exhausting, the chance of being acquitted is often higher in such cases.
What are the Penalties for DUI ?
Under Section 185 of the Motor Vehicle Act, there is a provision for imprisonment in case of DUI, but in most cases, the court will impose a fine rather than a jail sentence. The Magistrate will decide the penalty based on the severity of the offense. In rare cases, a jail sentence may be awarded, but this is uncommon.
In most situations, if you are found guilty, the court will impose a fine. The amount varies depending on the circumstances and whether it is a repeat offense. In some cases, if the evidence is not strong enough to convict you, the court may decide to drop the charges.
When should you Contest the DUI Charges?
If you are falsely accused of driving under the influence, or if there is any doubt about the evidence, it is always a good idea to contest the charges. Statistically, in around 90% of cases, individuals who go to trial and challenge the evidence are acquitted. The chances of the court ruling in your favor are high, especially if the police have weak evidence.
If you admit to the charge, you will be convicted, and the offense will remain on your record forever. On the other hand, if you challenge the charge and win, your record remains clean, and the charges are dropped.
Always riving under the influence of alcohol is a serious offense with legal implications. While the immediate consequences may seem like just a fine, the long-term impact on your reputation can be significant if you are convicted. If you are ever caught in such a situation, it’s crucial to understand your rights and options. Always consider going to trial if there’s any doubt about the evidence, as you may have a chance to clear your name.
Stay informed about your legal rights and responsibilities, and always prioritize safety while driving. Avoid getting behind the wheel after drinking, as the legal and personal consequences can be life-altering.