• 2nd offence, drinking and driving, Hyderabad

Hello,
This is my 2nd offence for BAC during tragic checking.
My count was 38.
My vehicle has been impounded and I'm waiting for next steps.
What is my fate? What can I expect? What should I be prepared for?
Asked 3 months ago in Criminal Law
Religion: Hindu

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8 Answers

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.

Ajay Sethi
Advocate, Mumbai
96030 Answers
7714 Consultations

5.0 on 5.0

You may have to pay fine up to 15K and your DL may get suspended,

Ganesh Kadam
Advocate, Pune
12949 Answers
258 Consultations

4.9 on 5.0

38 is very low. Nothing will happen. just  3 to 4k penalty.

Yogendra Singh Rajawat
Advocate, Jaipur
22877 Answers
31 Consultations

4.4 on 5.0

Dear Client,

Since this is your second offence of this kind, you can expect stricter penalties and higher fines.

Any person whose blood contains alcohol exceeding 30 mg. per 100 ml. of blood, detected in a test by a breath analyzer, is said to be driving under the influence or drunk driving. As per the Motor Vehicles (Amendment) Act, 2019, for second and consecutive offences, the penalty is INR 15,000 and/or imprisonment of up to two years or both. 

Anik Miu
Advocate, Bangalore
9754 Answers
113 Consultations

4.9 on 5.0

-  Under section 185 of M.V. Act, drunk driving is an offence . The punishment is a penalty of Rs 10,000 and/or 6 months imprisonment.

- Further, as per law in Hyderabad ,Permissible alcohol limit is up to and below 30 micrograms/100 ml of blood, and anything above that, as recorded by a Breath Analyzer is a violation.

- Further , when a person is caught for the second time or multiple times, the courts are sending them to jail for a period between 15 days to 6 months.

- You can move an application before the Court for a settlement of the matter through LOK Adalat. 

Mohammed Shahzad
Advocate, Delhi
14028 Answers
211 Consultations

5.0 on 5.0

In Telangana state  the traffic amount fines were revised and have been effective since 1st September 2019.

Penalty for drink and drive in Telangana in the year 2024: 

If caught for driving under the influence of liquor  the first time, you will now be fined Rs. 10,000/- and may face imprisonment up to six months instead of the previous Rs. 2600/- as a fine.  Repeat offenders could be fined Rs. 15,000/- and face imprisonment up to 2 years.  

You may admit the offence and pay the fine in court and get relieved and also get your vehicle released. 

T Kalaiselvan
Advocate, Vellore
86230 Answers
2289 Consultations

5.0 on 5.0

You need to pay the fine, and you can release your vechicle through police station or jurisdictional court 

Neeraj T Narendran
Advocate, Ernakulam
14 Answers

Not rated

It depends on court hearing you need to be apologetic 

Prashant Nayak
Advocate, Mumbai
32301 Answers
191 Consultations

4.1 on 5.0

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