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SPJ (NA)     07 July 2013

Drink and drive - should i contest ?

I was caught for driving under the influence of alcohol in Bangalore. The officer was not satisfied with the first breath analyzer test and aksed me to do it again. He was not satisfied with the second one even though I did blow into it properly. He then had me blow for 10 seconds into a straw and then he got a reading that seemed to have satisfied him. After waiting for around an hour he presents me with a ticket that said 210 as alochol reading. And after taking me to the police station he then takes my RC copy and my DL and my passengers DL (because my DL was a Kerala DL) and tells me I can go home and come back after going to court.

I did consume alcohol but I made sure that there was at least two hours gap between my drink and driving and that I had water and was sober to drive. So the the 210 reading surprises me. I expected my alcohol level to show well below 40. I suspect he used the same straw that was used for the previous drunk driver.

Should I contest it under these suspicions or should I just pay the fine. This will be my first ever fine. Will my insurance premiums go up if I pay the fine?


 3 Replies

SPJ (NA)     07 July 2013

Also I would like to ask if 210 is a high enough reading that may get me in jail if I do not contest.

Hemang (Advocate)     07 July 2013

It is an offence. However, since the police authorities have extended to "compound the offence" just by paying fine, do it. You will get nothing, if challenged. On the contrary you will be put in a precarious situation by court. These days, judiciary is more stricter and particularly after some drunken actor's rash and negligent driving that claimed lives of the innocent people.

Sudhir Kumar, Advocate (Advocate)     07 July 2013

you were drunk and you were driving.  your perception of liquor influence is not relevant.

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