Drink and Drive in Check Post-Nakas: A Detailed Analysis of the Loopholes in the Present Laws and its Consequences

  • Dr. Jaykumar Bhongale and Oishik Bhattacharya
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  • Dr. Jaykumar Bhongale

    Assistant Professor at Bharati Vidyapeeth Deemed to be University, New Law College Pune, India

  • Oishik Bhattacharya

    Student at Bharati Vidyapeeth Deemed to be University, New Law College Pune, India

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As mentioned in a Times of India Report, more than 70% of the road accidents in India is due to drinking and driving. The device used at the drink and drive checkpoints are called Breathalyzers. The legal limit of being drunk while driving in India, as specified by the Transport Ministry is 0.3 % per 100ml blood. This technology mechanically detects the blood alcohol concentration (BAC) by means of two techniques a breath based sensor and touch based sensor. The breath based system will measure the alcohol concentration in the blood through the driver’s exhaled air. Touch based sensor will read the alcohol level below the skin surface. We will be dealing with the breath based sensors in this paper. Here, we will be discussing about the unhyegenic factors of a breath based alcohol test. The probable diseases that can be spread by the continuous use of the said device. If there are any laws in India governing the checkpoints? Comparison of the drunk and drive implications in India with that of the other common law countries like United Kingdom, Canada, and Australia. This paper also introduces measures to secure the use of same. What are the probable bars on using an alcohol breath tester during the widespread of the global pandemic - Covid 19?


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2667 - 2684

DOI: https://doij.org/10.10000/IJLMH.114699

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