Breathalyzer Test Botched: Kerala High Court Slams Procedure in DUI Case



❗"If the machine says 412 before you even blow into it can we trust it after?"

In a recent ruling that throws light on procedural lapses in drunk driving cases, the Kerala High Court quashed charges under Section 185 of the Motor Vehicles Act against a man accused of driving under the influence. Why? Because the breathalyzer test itself was flawed.

📌 Background: What Happened?

Saran Kumar, a 33-year-old resident of Thiruvananthapuram, was stopped by police near the Medical College-Kumarapuram road on 30th December 2024. Allegedly driving in a rash and negligent manner, he was arrested on suspicion of drunken driving.

The charges?

  • 🛑 Section 185, 181, and 3(1) of the Motor Vehicles Act

  • ⚠️ Section 281 of the Bharatiya Nyaya Sanhita (BNS) for rash driving endangering human life.

But Saran fought back arguing that the test which formed the core evidence against him was fundamentally unreliable.

🔬 What Went Wrong with the Test?

Let’s decode the technical failure:

  • The breathalyzer’s Air Blank Test, which is supposed to confirm the machine is clean and at “0.000” alcohol level before testing, showed a shockingly high 412 mg/100 ml.

  • In contrast, Saran's breath sample showed 41 mg/100 ml – already above the legal limit of 30 mg/100 ml.

But the Court made a critical observation:
👉 “No sanctity can be attached to the test when the pre-test calibration is already corrupted.”

The judgment invoked DGCA (Director General of Civil Aviation) protocols, which mandate a zero reading before each breath test. After all, how can you trust the results if the machine is already tainted?

The Court held:

  • ❌ Section 185 (drunken driving): Dropped, due to lack of valid test results or medical evidence.

  • ❌ Section 181 r/w 3(1) (driving without license): Dropped, since Saran had a valid license for 20 years.

  • ✅ Section 281 BNS (rash driving): Still stands this will be decided based on trial evidence.

Justice V.G. Arun clearly emphasized:
“In the absence of acceptable evidence regarding alcohol level in blood, prosecution for Section 185 would be an exercise in futility.”

🧑‍✈️ Systemic Reforms Ahead?

The Court also directed the Director General of Police to issue strict guidelines ensuring:

  • ✅ Proper calibration of breathalyzers before use

  • ✅ Mandatory “zero reading” on Air Blank Tests

This sets a precedent for more scientific integrity in DUI enforcement—and prevents wrongful prosecutions based on faulty equipment.

Whether you’re a lawyer, a law student, or just a citizen it’s a powerful reminder:

Machines don’t always tell the truth.

Procedures matter. And rights must be respected.

Even in a routine traffic stop, technical lapses can ruin lives or destroy cases. This ruling empowers citizens to demand accountability and urges law enforcement to level up their standards.

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