Date : 16 Apr, 2019
Post By admin
Alcohol affects you in a way that changes your
judgement, depth perception as well as vital motor skills required to drive
safely. It's easy to think you are driving normally when truly you are
not.Getting into an accident your life could be lost as well as any others who
too are involved in this accident.
Getting behind the wheel of a vehicle – car, truck, motorcycle or any other motorized vehicle – after consuming alcohol is a serious crime.
Some drivers may not even show warning signs of being under the influence, but that doesn’t mean it’s any less dangerous. It’s important to remember that any form of drinking and driving is illegal and can come with strict punishment.
Statistics
According to 2009 drunk driving statistics there were 10,839 traffic fatalities in alcohol-impaired-driving crashes. This is those whose lives were lost not the total number of alcohol related accidents, or the number of individuals arrested for drinking and driving.
Any amount of alcohol in your bloodstream can impact your driving ability. The effects of alcohol abuse vary greatly, putting you at risk for causing an accident or highway injury.
Legal drinking age
The legal drinking age in India varies from state to state. In some states it starts from 18, while in some states the permissible age is 21 and goes up to 25 in rest of the states and union territories barring Kerala where the age limit is 23.
Permissible blood alcohol content in India
The permissible blood alcohol content in India is set at 0.03% per 100ml blood, which implies 30mg of alcohol per 100ml of blood.
Liability (DUI and DWI)
A DUI, driving under the influence, is the act of operating a motor vehicle with a blood alcohol level, BAC, over the legal state limit. If you are arrested and charged for a DUI the state will prosecute you accordingly. First offense typically resulting in loss of license for 1 year, as well as, federally mandated outpatient alcohol abuse program and probation. Those who have had multiple DUI’s will most likely be prosecuted to the fullest ability of the law, which varies with each individual state jurisdiction. Regardless to if this is your first offense or second if in an accident while DUI you will be fully prosecuted, if an individual is killed as a result you will too be charged with vehicular manslaughter.
A DWI, driving while intoxicated, is too the act of operating a motor vehicle with a blood alcohol level, BAC, that is over the legal state limit. If a law officer suspects you of DWI you will undergo a field sobriety test, breathalyzer test and/or blood test to determine intoxication level. The legal repercussions of a DWI are more severe in comparison to an DUI. If you are found guilty of an DWI, you will be charged with drinking and driving. The legal repercussions of an DWI vary with each individual state jurisdiction, often resulting with time in jail, federally mandated alcohol treatment programs and loss of drivers license for an amount of time.
Punishment
Currently,
Section 185 in The Motor Vehicles Act, 1988 makes driving under the influence a
criminal offence in India. As per the Motor Vehicle Act, driving by a drunken
person or by a person under the influence of drugs is punishable for the first
offence with imprisonment for a term of upto six months and/or with fine which
may extend to two thousand rupees. Second or subsequent offence, if committed
within three years of similar offence is punishable with imprisonment for a
term of upto two years and/or with fine of three thousand rupees.
Section 185 of the Motor Vehicles Act, 1988
Driving by a drunken person or by a person under the influence of drugs.
Whoever, while driving, or attempting to drive, a motor 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 this 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 which may extend 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 may
extend to two years, or with fine which may extend to three thousand rupees, or
with both. Explanation.—For the purposes of this section, the drug or drugs
specified by the Central Government in this behalf, by notification in the
Official Gazette, shall be deemed to render a person incapable of exercising
proper control over a motor vehicle.
Any amount of alcohol in your bloodstream can impact your driving ability. The
effects of alcohol abuse vary greatly, putting you at risk for causing an
accident or highway injury. Safe driving requires the ability to concentrate,
make good judgements and quickly react to situations. However, alcohol affects
these skills, putting yourself and others in danger.
Despite all the warnings, public awareness and educational programs, stiffer penalties for violations, people will still get behind the wheel of their vehicles while intoxicated. Motor vehicle wrecks are the leading cause of death in the United States for persons under age 24, whether as the driver or the passenger, with almost half involving alcohol as a factor in the crash.
To have daily updates of blogs and legal topic visit www.lawtendo.com.