[suhaas307]

- When can a motorist be charged with drunk driving? What is the procedure for paying the fine?

A motorist caught driving under the influence of liquor beyond permissible limit is liable to be charged with the offence of drunken driving. The legal & permissible limit is 30mg of alcohol per 100ml of blood. Traffic police uses state of art alco-meters (breath analyzers) accepted worldwide to measure the level of alcohol in the blood. This is the scientifically and legally accepted method all over the world. Our instruments are calibrated once in three months with a probable error of +(-) 5%. Therefore, we do not penalize anyone below 40mg per 100ml of blood even though legal limit is only 30. Anyone driving with alcohol level below a reading of 40 is not, repeat not, liable for prosecution.

However, everyone need not be subjected to measurement. Merely, by bringing the instrument close to the mouth and asking the name of the person indicates preliminary result whether the person has consumed alcohol or not. If the result is negative, no measurement is required and person is allowed to go. If the result is positive, measurement is done using the disposable straw and reading printed using connected printers. Subsequently, the blackberry generated police notice is given to the motorists. No one can be prosecuted without a computerized print out indicating reading and a blackberry print out of mentioning that reading.

However, there is no spot fine for drunk driving. No police officer is allowed to collect spot fines for this offence. The person will be given a notice, will be sent to the court and the offender will have to pay a fine there. The punishment for drunk driving is six month’s imprisonment or payment of a fine up to Rs.2,000/- or both. If the offender is caught committing the offence a second time, he will have to face imprisonment for a term up to two years or a fine up to Rs.3,000 or both. After being issued a notice, the motorist will not be allowed to drive. He will have to leave his vehicle behind and take a cab home or call a friend or relative to drive him home. In case he wants to take the vehicle using the another person who is not drunk but is free to do so after leaving his original driving license and RC book under acknowledgement with the police officer. Very often, motorists try to avoid legal proceedings by bribing the police officers concerned. However, the best thing to do in such circumstances is to follow the proper procedures and not resort to corruption. Moreover, if a person continues to drive under the influence of alcohol and gets involved in a fatal accident, he will be booked for culpable homicide – which is a non-bailable offence.


- How do I know how much I can drink to stay within the permissible limit?

There is no hard and fast rule as it depends on the body constitution, gender, whether; liquor is taken on empty stomach or with the food or the duration over which liquor the consumed. Generally one bottle of beer / 30ml Whisky / Rum will keep the person below the permissible limit of 30 units. However, our metabolison burns about 10 units in an hour. And therefore, larger quantity consumed over longer duration will still keep the person within permissible limits. However, these measures are indicative in nature.

- How do I know that the straw is not being re-used?

We have strict instructions to use disposable straw. You can insist on fresh straw to be taken out infront of you and destroy the straw after you have used it. One is also free to carry his own straw.

NOTE: Even though there is a permissible limit, I STRONGLY advise my fellow members, enthusiasts and friends to refrain from consumption of alcohol if driving is a part of the agenda, be it during the day or in the night. It is very dangerous and can be fatal. This is not meant to encourage anyone in any way. It's merely information.

DO NOT MIX drinking and driving. It is not cool!

[pganapathy]

Thanks for the info Suhaas. Sad to say that most people I know prefer bribing the cops just because it is easier for them. They do not need to spend time going to court et al.

Good to know that a reading needs to be given if you are ticketed. I guess that is to prevent the police using drunk driving as a means to unnecessarily harass you

[mpksuhas]

A news article related to drive against DUI by Bangalore police which I came across in TOI today. It mentions about action against 7 cops who were letting off drunk drivers after collecting spot fine. http://timesofindia.indiatimes.com/c...w/17188203.cms

[shankar.balan]

If we do go out in the evening as we do on Saturdays we simply use a top quality cab service like CarzOnRent or ClearCarRental or similar. Engage the cab for 4-5 hours. Reach the destination safely and stress free. Have a couple perhaps, enjoy conversation, enjoy the food and ambience etc and come back home completely stress free.
No driving hassles in traffic. No parking hassles. No stress. No breathalyzer issues. No trouble with the law. Complete peace.
Yes, it may cost some money, but this is money very well spent, especially when considering the alernative(s), of which there are none!

[pahwa]

Slightly old, stll very shameful -

http://www.bangaloremirror.com/banga.../21447322.cms?

Highlight:

On December 9, the Whitefield traffic police stopped biker Gopala Reddy (KA 01-Y-5593) at 10.30 pm near the Graphite India junction on ITPB Road. He was riding erratically when he was flagged down. His breathalyser reading was an eye-popping 562 mg — more than 18 times the permissible blood alcohol limit of 30 mg/100 ml.
Contrast this with the media hue-and-cry in Canada and the US over the implications for road safety after a driver in Ontario was arrested recently for having a blood alcohol level of 359. In fact, the media there went to town with tongue-in-cheek remarks like “No Canadian has reached such Guinness Book of Records extremes”.


Biker Ananda (KA 04 EM 6045) was booked by the Malleswaram traffic police near the Government Soap Factory junction at around 10:40 pm on December 17. His blood alcohol reading: 550 mg.

Biker Fiaz (KA 04 HF 3713) was caught by the Hebbal traffic on December 9 at 10:30 pm. His blood alcohol reading: 550 mg.

Private auto driver Jabbar (KA 02 C 8910) was flagged down at Rajajinagar 19th Main junction on December 19 at 10.50 pm. The reading: 550 mg.

Car driver Srinivas (KA 03 C 1008) was booked on Puttenahalli Main Road on November 11 at 10.45 pm. The reading: 550 mg.

[Captain Slow]

Originally Posted by pahwa

Slightly old, stll very shameful -




Biker Ananda (KA 04 EM 6045) was booked by the Malleswaram traffic police near the Government Soap Factory junction at around 10:40 pm on December 17. His blood alcohol reading: 550 mg.

Biker Fiaz (KA 04 HF 3713) was caught by the Hebbal traffic on December 9 at 10:30 pm. His blood alcohol reading: 550 mg.

Private auto driver Jabbar (KA 02 C 8910) was flagged down at Rajajinagar 19th Main junction on December 19 at 10.50 pm. The reading: 550 mg.

Car driver Srinivas (KA 03 C 1008) was booked on Puttenahalli Main Road on November 11 at 10.45 pm. The reading: 550 mg.

what is with 550 mg? some kind of a magic number with the meters? like 666? Or are they just faulty meters showing the same value over and over again like a broken record.

[pahwa]

Originally Posted by Captain Slow

what is with 550 mg? some kind of a magic number with the meters? like 666? Or are they just faulty meters showing the same value over and over again like a broken record.

Could be the maximum limit of the meter? I hope these readings are from different meters at different locations.

[sachinpk]

Please note in Kerala, enforcement of DUI is even more stricter. The drunk driver is immediately removed from the vehicle and taken to a jurisdictional police station. He would remain there, till two tax-paying citizens stand bail, or till he gets produced before a judicial magistrate. The magistrate issues the fine, which generally is around 3000 Rs. The drunk driver also needs to attend a counselling session (done by NGO) before the impounded license is given back.

There is a very high level of enforcement of these laws with Highway Police vehicles, Traffic Police vehicles, and Sub-Inspectors questioned on a daily basis.

[IshaanIan]

Stumbled on this thread while doing some research. I was recently at a friend's party where I had arrived late and chose not to drink much. Popped out to drive to the nearest Shell pump and buy a pack of Marlboros, when I got stopped by a few cops. They made me blow through a straw continuously for 7 seconds into the breathalyzer and it read 23 to which they told me that I am driving drunk. I was very upfront with one of the cops because he did not seem to give me much attitude and was okay interacting with me in Hindi (I take that as a sign of courtesy in Bangalore). I told the guy that I had had a couple of drinks but even that has been a long while before and I'm confident that I can pass any physical test he demands of me. I told him I refuse to keep blowing into the silly breathalyzer just to see if the number goes higher and that if he saw anything wrong with what I was doing, we could take it from there. Seeing that I was generally cheerful, not slurring and pretty active, he chose to let me go against the will of his 3 other colleagues.

Here are my questions:
What are the units used by these breathalyzers?
If it is mg, was I not within the permissible level?
I had a stranger suspicion that they let me go with no bribe because they were simply not legally entitled to fine me, am I right?

I am simply fed up of being harassed by police in Bangalore

[hybridpetrol]

Originally Posted by Captain Slow

what is with 550 mg? some kind of a magic number with the meters? like 666? Or are they just faulty meters showing the same value over and over again like a broken record.

It could be like State board exam marks! These people might be the most intoxicated among those who were caught and there could be several others with 549mg, 548mg etc!
On a serious note, drunken driving is not considered a very serious offence yet by many, and all the repeated propaganda on the same are simply ignored. These category of people seem to think, they will be able to stay alert even after the drinks. The advises does not apply to them, but for others, who are "weak" and cannot handle a couple of drinks. These overconfident ones put themselves as well as others at risk. Sadly, such people are not one out of a million in our country, but there are a lot many.

[NPV]

This was in the newspaper yesterday as part of the Citizen Empowerment campaign launched by the Bengaluru City Traffic Police.



Link to newspaper page (Source:New Indian Express, Bengaluru, 21 Mar 2017)

Disclaimer (same as mentioned in the flyer):This is no suggestion to drink & drive but information about legal rights of citizens

[abhishek46]

Originally Posted by suhaas307

- How do I know how much I can drink to stay within the permissible limit?

There is no hard and fast rule as it depends on the body constitution, gender, whether; liquor is taken on empty stomach or with the food or the duration over which liquor the consumed. Generally one bottle of beer / 30ml Whisky / Rum will keep the person below the permissible limit of 30 units. However, our metabolison burns about 10 units in an hour. And therefore, larger quantity consumed over longer duration will still keep the person within permissible limits. However, these measures are indicative in nature.

[/b]

A strong beer/peg of whisky is enough to cause mild tingling and loss of attentiveness (for some time) during normal behavior, let alone driving.

Letting away people with under 40 reading does not inspire much confidence.

[deerhunter]

Originally Posted by abhishek46

A strong beer/peg of whisky is enough to cause mild tingling and loss of attentiveness (for some time) during normal behavior, let alone driving.

Letting away people with under 40 reading does not inspire much confidence.

Many of the commonly used medications raise blood alcohol content. Breathalyser can be triggered by not only those drugs containing alcohol, but also those having certain other chemical groups. Even a person who used mouthwash can trigger breathalyser for upto an hour after usage. This is the reason for fixing the limit at 40, because comparatively fewer drugs cause the value to be >40. If the value was something like 10, a person who used a mouthwash could trigger the breathalyser for several hours after its usage.

[IshaanIan]

Originally Posted by abhishek46

A strong beer/peg of whisky is enough to cause mild tingling and loss of attentiveness (for some time) during normal behavior, let alone driving.

Letting away people with under 40 reading does not inspire much confidence.

As Deerhunter pointed out, even moutwash can trigger the breathalyzer if we begin booking people for blood alcohol content lower than 40mg. In several countries permissible limit is much higher for example in the US, Singapore, New Zealand it is 80mg and in the Cayman Islands it is even 100mg. Majority of people do not become to catastrophically incapacitated to drive through regular roads after just one or two drinks. If we go by what you are hoping for, then there is no end to "ideal" requirements such as maximum volume for music, minimum 8 hours of sleep, perfectly hydrated body, zero stress level tolerance etc. next if someone is fired from their job, they shouldn't be allowed to drive themselves back home because they are too stressed to make ideal judgments while driving. 40mg is far lower than most countries allow.