Motor Vehicles Act, 1988
Whoever, while driving, or attempting to drive, a motor vehicle - 5[(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 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 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 year, 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. Corresponding Law. - Section 185 corresponds to section 117 of the Motor Vehicles Act, 1939. Objects and Reasons. - Clause 185 provides for punishment or driving under the influence of drink or drug 5. Cl. (a) substituted by Act 54 of 1994, S. 55 (w.e.f. 14-11-1994). Prior to its substitution, Cl. (a) read as under :- “(a) has, in his blood, alcohol in any quantity, howsoever small the quantity may be, or