• Drunk driving

I had a couple of beers day before yesterday, but the reading showed 420 in the machine, near Medchal, Hyderabad. Don't know the reason, and i couldn't contend that because this is my first offence and i was too afraid to talk back with police,that this reading might be abnormal. I was quite and stayed silent.Immediately next day I went to counseling, on Monday i have to attend the court in Medchal, at 730 Am..I am afraid that I may end up in the jail..Police said it might be only fine...But i Don't know what to do here. What happens to my career, if I go to jail and for how long..Please give me a consult.
Asked 1 year ago in Criminal Law
Religion: Hindu

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10 Answers

Being educated and prudent person you must be attentive. Just pay the fine. Payment of fine would not affect adversely. 

Siddharth Srivastava
Advocate, Delhi
1455 Answers

Hello, 

  1. Whether you contended or not if the reading is above 30mg it is an offence of drunken driving attracting either penalty and or imprisonment upto 6 months. 
  2. Don't be worried about ending up in jail or your career being in jeopardy. When you are before the Magistrate at Medchal, plead guilty and you will be let off with a penalty and a warning.

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

Since this is your first offence at most fine would be imposed upon you 

 

you would not go to jail . It will not affect your career 

Ajay Sethi
Advocate, Mumbai
97515 Answers
7882 Consultations

Yes it will be only fine and you can leave.

Prashant Nayak
Advocate, Mumbai
32874 Answers
209 Consultations

Hi, For drink and drive the court will impose only fine. Don't bother too much.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

- Under Section 185, Motor Vehicles Act, 1988 , A drinking and driving case is considered if a person is found driving a vehicle with 30mg per 100ml of blood in the body, tested by a breath analyzer, or is under the influence of a drug and is incapable of exercising proper control over the vehicle.

- The person who found with more than 100 ml , and of it is his first offence, then he might have to face imprisonment for 6 months and/or a traffic violation fine up to ₹10,000. (Before 2019, the fine for first offence was ₹2,000).

- However, if come under the petty offence , and hence it will not effect your career. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

You will not be put behind bars for such offences, you just admit the offence and pay the fine, since this is the first offence, the court will not handover severe punishment except fine amount. 

T Kalaiselvan
Advocate, Vellore
87716 Answers
2355 Consultations

You have done well so far in handling a difficult situation. Do not worry unnecessarily. At the court admit your guilt and express regret. Offer to pay the fine. There will not be any jail term. Good luck!

Swaminathan Neelakantan
Advocate, Coimbatore
2961 Answers
20 Consultations

No jail. maximum 5 to 6k challan.

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

Drunk driving offenses can have serious consequences, but the specific penalties can vary depending on the jurisdiction and the circumstances of the case. Here are a few general points to consider:

 

Legal representation: It's strongly recommended to consult with a criminal defense attorney who specializes in drunk driving cases. They can provide you with advice tailored to your situation and help navigate the legal process.

 

Court appearance: Attend the court hearing as scheduled. If you have hired an attorney, they will guide you on how to proceed in court. Be respectful and cooperative during the proceedings.

 

Penalties: The penalties for drunk driving can include fines, suspension or revocation of your driver's license, mandatory alcohol education programs, probation, and even imprisonment in some cases. The specific penalties will depend on the laws in your jurisdiction, any prior offenses, and other factors.

 

Defense strategies: Your attorney will evaluate the evidence against you, including the accuracy of the breathalyzer reading. They can help build a defense strategy based on the circumstances of your case and any potential weaknesses in the prosecution's case.

 

Career implications: A drunk driving conviction may have implications for certain professions, especially those that require a clean driving record or involve responsibilities related to public safety. Consulting with an attorney can help you understand the potential impact on your career and explore any available options for minimizing the consequences.

 

 

Anik Miu
Advocate, Bangalore
10389 Answers
121 Consultations

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