Whoever, while driving, or attempting to drive, a motor vehicle,--

1[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, 2[or in any other test including a laboratory test,] or]

(b) 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 3[of ten thousand rupees], or with both; and for a second or subsequent offence, 4*** with imprisonment for term which may extend to two years, or with fine 5[of fifteen thousand rupees], or with both.

6[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 (61 of 1985).]

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Footnote :

1. Subs. by Act 54 of 1994, s. 55, for clause (a) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 68 (w.e.f. 1-9-2019).
3. Subs. by s. 68, ibid., for which may extend to two thousand rupees (w.e.f. 1-9-2019).
4. The words if committed within three years of the commission of the previous similar offence, omitted by s. 68, ibid. (w.e.f. 1-9-2019).
5. Subs. by s. 68, ibid., for which may extend to three thousand rupees (w.e.f. 1-9-2019).
6. Subs. by s. 68, ibid., for the Explanation (w.e.f. 1-9-2019).