(1) A police officer in uniform or an officer of the Motor Vehicles Department, as may be authorised in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for a breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185:
Provided that requirement for breath test shall be made as soon as reasonably practicable after the commission of such offence.
(2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the accident had alcohol in his blood or that he was driving under the influence of a drug referred to in section 185, he may require the person so driving the motor vehicle to provide a specimen of his breath for a breath test:—
(a) in the case of a person who is at a hospital as an indoor patient, at the hospital,
(b) in the case of any other person, either at or near the place where the requirement is made, or, if the police officer thinks fit, at a police station specified by the police officer:
Provided that a person shall not be required to provide such a specimen while at a hospital as an indoor patient if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of a specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient.
(3) If it appears to a police officer in uniform, in consequence of a breath test carried out by him on any person under sub-section (1) or sub-section (2), that the device by means of which the test has been carried out indicates the presence of alcohol in the person’s blood, the police officer may arrest that person without warrant except while that person is at a hospital as an indoor patient.
(4) If a person, required by a police officer under sub-section (1) or sub-section (2) to provide a specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while he is at a hospital as an indoor patient.
(5) A person arrested under this section shall, while at a police station, be given an opportunity to provide a specimen of breath for a breath test there.
(6) The results of a breath test made in pursuance of the provisions of this section shall be admissible in evidence.
Explanation.—For the purposes of this section, “breath test” means a test for the purpose of obtaining an indication of the presence of alcohol in a person’s blood carried out, on one or more specimens of breath provided by that person, by means of a device of a type approved by the Central Government, by notification in the Official Gazette, for the purpose of such a test.
Simplified Explanation
Section 203 of the Motor Vehicles Act deals with the procedure for conducting breath tests to check whether a person is driving under the influence of alcohol. This section allows law enforcement officers to require drivers to undergo a breath test if they are suspected of being intoxicated. The purpose of this section is to ensure road safety by identifying and penalizing drunk drivers who pose a danger to themselves and others on the road.
Overview of Section 203
This section focuses on:
- The power of a police officer to require a driver to undergo a breath test if they suspect the person is under the influence of alcohol.
- Ensuring that drivers comply with the request for a breath test and face penalties for refusal.
Key Elements of Section 203
- When a Breath Test Can Be Required:
- A police officer in uniform has the authority to request a breath test if:
- The driver is involved in an accident.
- The officer has reasonable cause to suspect that the driver has consumed alcohol and is driving under the influence.
- The officer can stop any motor vehicle and require the driver to take a breath test, especially if the driver is acting erratically or has violated traffic laws.
- A police officer in uniform has the authority to request a breath test if:
- What is a Breath Test:
- A breath test is a procedure where a driver blows into a device that measures the alcohol content in their breath. The device estimates the Blood Alcohol Concentration (BAC), which indicates whether the person is intoxicated beyond the permissible limit.
- In India, the legal limit for BAC is 0.03% (30 mg of alcohol per 100 ml of blood) for drivers.
- Location for Breath Tests:
- The breath test can be conducted on the spot by a police officer using a breathalyzer or similar device. It is typically conducted at the scene of a traffic stop or accident, but may also be administered at designated checkpoints or during special traffic operations (such as DUI checks).
- Consequences of Refusing a Breath Test:
- If a person refuses to take the breath test when required by a police officer, they are committing an offence. Refusal can lead to penalties similar to those for driving under the influence of alcohol.
- The refusal to submit to a breath test raises a presumption that the person is attempting to avoid detection of their intoxication.
- Follow-up Procedures:
- If the breath test indicates that the driver is intoxicated beyond the permissible limit, the person may be required to undergo further tests, including a blood test or other medical examination, to confirm the level of alcohol in the bloodstream.
- The person may also be arrested under Section 202 (Power to arrest without warrant) if they are found to be driving under the influence.
- Legal Framework for Drunk Driving:
- Section 203 works in conjunction with other sections of the Motor Vehicles Act, such as Section 185 (Driving by a drunken person), which outlines the penalties for driving under the influence of alcohol or drugs. The breath test is the first step in enforcing these penalties.
Practical Implications
- Deterring Drunk Driving: Section 203 serves as a deterrent to individuals who might otherwise drive after consuming alcohol. The presence of breath tests, especially during traffic stops and checkpoints, encourages drivers to avoid drinking before driving.
- Enforcing Road Safety: Breath tests are a crucial tool for law enforcement to ensure that drivers are not intoxicated while operating motor vehicles. By identifying and penalizing drunk drivers, this section helps prevent road accidents and enhances overall public safety.
- Empowering Law Enforcement: This section empowers police officers to take immediate action against suspected drunk drivers. Officers can administer breath tests on the spot, allowing them to quickly determine if further action (such as arrest or fines) is necessary.
- Preventing Legal Evasion: By making refusal to take a breath test an offence, Section 203 prevents drivers from evading responsibility. This provision ensures that individuals who are suspected of being intoxicated cannot simply refuse the test to avoid detection.
Conclusion
Section 203 of the Motor Vehicles Act allows police officers to conduct breath tests on drivers suspected of being under the influence of alcohol, ensuring that those who are intoxicated are identified and penalized. The section plays a critical role in promoting road safety, deterring drunk driving, and empowering law enforcement to take immediate action. By enabling breath tests on the spot and making refusal to comply an offence, Section 203 ensures that intoxicated drivers are held accountable, contributing to safer roads for all users.
