Central Government Act
Section 128A(3) in The Motor Vehicles Act, 1939
(3) If it appears to a police officer in uniform, in consequence of a breath test carried out by him on any person under sub- section (1) or sub- section (2), that the device by means of which the test has been carried out indicates the presence of alcohol in the person' s blood, the police officer may arrest that person without warrant except while that person is at a hospital as an indoor patient.