Section 185 of the Motor Vehicle Act, 1988 provides that if it is detected in a breath analyzer test that the driver of a motor vehicle has in his blood alcohol exceeding 30 mg per 100 ml. of blood, he shall be punished for the first offence with imprisonment for a term which may extend to 6 months or with fine which may extend to 2000 rupees, or with both; and for a second or subsequent offence, if committed within the 3 year of commission of previous similar offence, with imprisonment for a term which may extend to 2 years or with fine which may extend to 3000 rupees or with both.
