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Section 185 – Driving By A Drunken Person Or By A Person Under The Influence Of Drugs

The Motor Vehicles Act, 1988

CHAPTER XIII: OFFENCES, PENALTIES AND PROCEDURE

Section 185: Driving By A Drunken Person Or By A Person Under The Influence Of Drugs

Bare Act

Whoever, while driving, or attempting to drive, a motor vehicle,

  1. has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or in any other test including a laboratory test, or
  2. is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.
shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine of ten thousand rupees, or with both; and for a second or subsequent offence, with imprisonment for term which may extend to two years, or with fine of fifteen thousand rupees, or with both.

Explanation - For the purposes of this section, the expression "drug" means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985).

Simplified Act and examples below are previews.

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Simplified Act

If a person is caught driving or trying to drive a vehicle and they either:

  1. have alcohol levels in their blood higher than 3

Explanation using examples

Imagine John decides to go out with his friends for a party. After consuming several drinks