Breathanalyser test is admissible in drunken driving
The Kerala High Court, in Dhanesh M. v State of Kerala [ 2025:KER:13915], says that the result of the breathalyzer test is admissible in the case of drunken driving, if the test is conducted immediately and the original print taken from the equipment immediately after the test is produced, under the Motor Vehicle Act,1988 (MV Act).
High Court relies on DGP’s Circular
In this case, the High Court of Kerala relied on a Circular issued by the Director General of Police to point out that it was mandatory to conduct the breathalyzer test properly and obtain a printed copy of the test result and produce the same in the court along with the charge sheet so as to sustain the charge.
A typewritten copy prepared by the police submitted along with the final report is not acceptable.
In case of arrest, put the person to medical test
The High Court adds that it is mandatory to subject a person arrested in connection with the offence to medical test by a registered medical practitioner, within two hours of his arrest, under Section 185 of the MV Act.
What the Section 185 of the MV Act says
- Driving by a drunken person or by a person under the influence of drugs. – Whoever, while driving, or attempting to drive, a motor vehicle,
- has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, [or in any other test including a laboratory test, or
- is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine [of ten thousand rupees], or with both; and for a second or subsequent offence, with imprisonment for a term which may extend to two years, or with fine of fifteen thousand rupees, or with both.
Explanation. – For the purposes of this section, the expression “drug” means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Blood test is not necessary if not arrested
The Kerala High Court in Benny Mon v State of Kerala [2025:KER:22425] says, if a person is arrested for drunken driving under Section 185 of the MV Act, he has to be subjected to medical examination.
However, a blood test is not mandatory if there is no arrest at all.
Reference
- Dhanesh M. v State of Kerala [ 2025: KER:13915]
- Benny Mon v State of Kerala [2025:KER:22425]
- The Section 185 of the Motor Vehicle Act, 1988
- The Section 203 of the Motor Vehicle Act, 1988
