Kerala High Court orders mandatory air blank test before breathalyser

Breathalyser tests have recently courted controversy after multiple cases of false positives were reported. People who have had cough syrups, ayurvedic concoctions and certain food items landed in trouble, although they hadn’t consumed alcohol. Now, the Kerala High Court has ordered mandatory air blank tests before the breathalyser tests. The officials should ensure that the devices display 0.000 as the reading on the device. The High Court has directed the Director General of Police to issue the guidelines for this.

The Court added that the air blank test ensures that the breathalyser functions properly and there is no trace of alcohol in it from previous use. The Court also explained that the validity and authenticity of the breathalyser test could be gauged based on the 0.000 reading of the air blank test.

Justice VG Arun issued the order setting aside the case filed against Thiruvananthapuram native Sharan Kumar S. The case was registered on December 30, 2024, alleging that the plaintiff had driven his scooter carelessly at the Medical College – Kumarapuram Road at around 8.30 pm. He was left on self-bail after the breathalyser test. According to the document submitted at the court, the reading in the air blank test sample taken before the breathalyser test is 412 mg/100 ml. As no other medical test was done, there was no evidence to prove traces of alcohol in his blood. So, the Court observed that section 185 of the Motor Vehicle Act (driving by a drunken person or by a person under the influence of drugs) isn’t applicable in such cases.