• What will be the max punishment in drink & drive case?

Hello !!

I was caught driving drunk by Mumbai Police 2 days ago. They performed the breath analysis which resulted positive and they attached its report and took my signatures on the receipt. They confiscated my driving licence and I was called to court next day.

Before arriving at the court , I was contacted by a lawyer on his own & he asked me to plead not guilty in front of the court or else he said that i can be jailed for 2-5 days. Hence in fear of being jailed I pleaded not guilty. But now the court has given me the next date on 30th of this month. I know the police holds a valid evidence against me whereas I have nothing to prove my innocence.

Now what can be the way out ? What will happen if now I plead guilty ? Will court punish me for making a wrong appeal the first time of not being guilty ?  

And finally will I be fined or be jailed ?

Please help me with your feedback at earliest.
Asked 2 years ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu
Higher penalties were introduced, including fines from ?2,000 to ?10,000 and imprisonment from 6 months to 4 years. Different penalties are assessed depending on the blood alcohol content at the time of the offence.

Alcohol Level                               	                                        Fines penalties and Jail
150 mg or above per 100 ml blood
                                                 	   First time offence charged Rs.5000 and 2 years imprisonment. Repeated 
                                                           offence within 3 years Rs.10000 fine plus 4 years jail.
60 to 150 mg per 100 ml blood	        1 year imprisonment and/or Rs.4000 fine. Second and repeated offence 
                                                                      attracts 3 years jail and/or Rs.8000 fine.
30 to 60 mg alcohol per 100 ml blood	              Rs.2000 or/and 6 months jail.
30 mg or lower per 100 ml	                               Offence is not considered at this level of alcohol in blood.
Nadeem Qureshi
Advocate, New Delhi
4796 Answers
220 Consultations

4.9 on 5.0

Holding evidence and proving it in the court is not one and the same thing. Police will have to prove that you were drunk at the time of driving the vehicle. If you plead guilty now the court can take an adverse view as you have pleaded not guilty. The maximum sentence for driving in a drunken condition is 6 months of imprisonment. The court may in its discretion let you off with a fine. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) For your benefit let me quote the section that deals with drunk driving and the punishment: 12.10 Driving by a drunken person or by a person under the influence of
drugs. (MVA S 185)—A person who, while driving, or attempting to drive, a
(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, is punishable for the first offence
with imprisonment for a term which extends to six months, or with fine which
extends 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 extends to two years, or
with fine which extends to three thousand rupees, or with both.

2) Besides your license can get suspended as well.

3) Usually , as is evident from the provision in the law the first time offender is let off with a penalty and a stern warning. 
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

Actually you have been misguided by that lawyer to not to plead guilty.
You should not have followed the wrong guidance of that lawyer.
However there is nothing wrong that you admit the offence ion the next hearing stating that you were too frightened to admit your offence hence out of fear you had not done so earlier, the court would be lenient to impose only fine amount and send you away.
This is a petty offence and generally the first timers are let off with fine amount alone.
There is nothing to be concerned about this to this extent.
You may engage a good lawyer this time and get out of the case.
T Kalaiselvan
Advocate, Vellore
34516 Answers
372 Consultations

5.0 on 5.0

if it is your first offence then you may be punish up to 6 months only and in this case Magistrate has power to impose only fine if guilty is pleaded by the offender. So appear before the court and file application under section 265 A crpc for plea bargain. No jail shall be remanded by the court in your case. 
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

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