Breathalyser shows false positive: KSRTC driver accused of being drunk; what court says

A KSRTC driver at the Kozhikode depot was shocked when he was accused of reporting for duty while drunk. TK Shideesh, who claims he has never had alcohol in his life, reached the depot at 7 pm to operate the KSRTC bus in the Kozhikode–Mananthavady route. However, he failed the breathalyser test after the equipment showed a false positive. Shideesh, a native of REC Malayamma, had consumed medicine for a cough a few minutes ago. It looks like the medicine is instrumental in the false positive in the breathalyser test, reports Manorama Online.

Shideesh, who reached the Pavangad depot at 6.15 am, took the bus to the Kozhikode KSRTC bus station. Before his next trip to Mananthavady, he underwent the mandatory breathalyser test for drivers. The reading on the equipment was 9 points. The authorities then told Shideesh that he wasn’t allowed to operate the bus. Shideesh, who vowed that he is a teetotaller, insisted on taking a proper blood test at the hospital to prove his innocence. Police arrived on the scene when things got out of hand.

Shideesh told Manorama Online that he hasn’t touched alcohol in his life. “I had a severe cough in the last few days. I usually take homeopathic medicines and not allopathic ones. I reported for duty even though I was not well, as there weren’t enough drivers on the holidays. I drove the bus from Pavangad depot to the Kozhikode bus station. I then had the homeopathic medicine, which I must take every hour. I took the breathalyser test after taking the medicine. The reading on the equipment was shown as 9. I take the breathalyser test every morning and have always passed the test.

Although the police arrived on the scene, they said that they could take any action for drunk driving only if the reading on the breathalyser were 30 or above. “I said that I was willing to do a blood test at the hospital, but the senior officials at the KSRTC station weren’t ready. I was asked to do the duty and meet the MD the next day. I didn’t go to work today and will go to Thiruvananthapuram in the evening to meet the MD. I will report for duty only after meeting the MD tomorrow,” says Shideesh.

Meanwhile, the station master who administered the test stated that a driver would be allowed to drive the bus only if the reading on the breathalyser is zero. A year ago, breathalyser tests were made mandatory for KSRTC drivers. If the reading is shown above one, then it will be reported to Thiruvananthapuram. It will be followed by a six-month suspension and then a transfer.

Faulty breathalysers interfering with duty
Many drivers are apparently asked to leave even if the breathalyser shows minute readings. Breathalysers might show false positives if the person who takes the test has consumed cough syrup or certain ayurvedic medicines. The equipment will note a reading even if the driver consumed alcohol the previous night. In such cases, most drivers return home and do not operate the bus to avoid further problems.

In February this year, the Patna High Court, relying on an earlier SC judgment, ruled that a breathalyser test can’t be conclusive proof of alcohol intake unless the person tested looks inebriated and the urine and blood reports support it. The court said that an FIR can’t be filed purely on this basis either. This was in a case in which the petitioner was consuming homeopathic medicines for a fortnight, after which a faulty detection occurred, and a complaint was raised.