Section 185
of the Motor Vehicles Act, 1988
Whoever, while driving, or attempting to drive, a motor vehicle:
-
(a) has,
in his blood, alcohol exceeding of 30 mg. per 100 ml of blood detected in a
test by a breath analyzer; or
(b) is
under the influence of a drug to such an extend as to be incapable of
exercising proper control over the vehicle
shall be punishable for the first
offense 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 offense, if committed within three years of commission of the
previous similar offense, with imprisonment for a term which may extend to two
years, or with fine which may extend to three thousand rupees or with both.
Explanation:- For the
purpose of this section, the drug of 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.
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