Drinking and driving is the biggest cause for road accidents. Out of 1000 vehicles that got into an accident in India in 2006, 35 of them were caused by drinking and driving. To put into perspective, most developed countries have a rate of 4 drinking and driving accidents out of 1000. Drinking and driving, which is also often called ‘driving under the influence’ or DUI, is a major concern in India today. As the number of cars and licensed drivers increased in the country, it is important for everyone to understand the DUI law in India. Indolegal.com clears up all your doubts regarding DUI law in India.
Overview of DUI Law in India
Cases of DUI in India usually occur in urban centres like Mumbai, Chennai, Bangalore and Delhi. Private car owners and brash youngsters are the biggest contributors to such cases. What makes matters worse is that sorry condition of traffic signals in roads and also the rampant bribes given to Indian traffic officials. However, recent times have seen an improvement; officials are now more vigilant and are not shy of catching prominent people when they get caught driving drunk. The traffic police have been equipped on a large scale with breath analyzers. On a higher level, the central government is planning to make some important changes in the DUI law of India. In fact, the DUI law of India has one of the lowest tolerances for alcohol levels in the world. A BAC (Blood Alcohol Content) of more than 0.03 percent can make a driver guilty for DUI penalty India.
Definition and More Information on DUI Fees India
The DUI law in India is defined under the Motor Vehicle Act, 1939, amended to 1989. More specifically, Clause 117 of this Act defines DUI as “driving by a drunken person or by anyone under the influence of drugs”. The Clause further explains that a person can be guilty of driving under the influence and for payment of DUI fees India if he or she rides or attempts to ride a motorcycle or drives or attempts to drive a motor vehicle when he or she:
• Has alcohol in his or her blood, no matter how small the quantity is
• Is under the influence of a drug that makes him or her incapable of exercising due caution and control over the vehicle
The DUI penalty India is also defined under the same Clause in the MV Act. It states that a person who is caught under the above mentioned circumstances would be punishable with a jail term of up to 6 months for the first chargeable offence. The DUI fees India for the first offense can extend up to 2,000 rupees. The complete punishment for driving under influence can include the jail term, penalty fees or both.
The DUI law in India also gives in detail the punishment if a person is found guilty for the second time, or for any number of times after the first offence. According to the law, a person who is caught under the influence for another time within 3 years after the first offence was committed will have to complete a jail term and a DUI penalty India that extends to 3,000 rupees, or just one of them.
The DUI law has, however, been changed in 1994 to allow drivers the leeway of 0.03 percent alcohol in their body. In its current condition, the DUI law in India is adequately strong to keep a drunken driver at bay. However, the problem occurs when it is time to impose this law on Indian citizens. Fortunately, people in India have become more aware of the risks of drunken driving, and even the police have begun to play its part to curb the menace of drunken driving. In fact, the Mumbai police have also begun to suspend the driving license of a person caught under the influence for a period of 6 months.
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