Drunk Driving / Driving Under Influence
Written and checked byManju Shekhar· Motor Law & Compliance
Driving with blood alcohol exceeding 30 mg per 100 ml of blood.
Fine (1st)
₹10,000 fine
Repeat Fine
₹15,000 fine
Imprisonment
6 months (1st) / 2 years (repeat)
Licence
Mandatory suspension
What the Law Says
Under Section 185 of the Motor Vehicles Act, 1988, it is a criminal offence to drive a motor vehicle while under the influence of alcohol or drugs. The legal Blood Alcohol Concentration (BAC) limit in India is 30 mg per 100 ml of blood — one of the lowest in the world. A breathalyser test conducted by a police officer is admissible as legal proof. Refusal to take the breathalyser test is treated as an admission of guilt.
"Whoever, while driving, or attempting to drive, a motor vehicle,— (a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or in any other test including a laboratory test, or (b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle..." — Sec. 185, MV Act 1988 (clause (a) as amended in 2019)
Consequences
- Criminal record — stays on your record permanently
- Driving licence mandatory suspension
- Vehicle impoundment
- Motor insurance claim may be rejected for the accident
- Up to 6 months imprisonment for first offence
- Up to 2 years imprisonment for repeat offences
- Personal liability for all accident damages if insurance voided
State-Specific Fines
Delhi
₹10,000 + 6-month suspension
Karnataka
₹10,000 + imprisonment
Maharashtra
₹10,000
Tamil Nadu
₹10,000 + imprisonment
Uttar Pradesh
₹10,000
How to Avoid This Violation
- ✓Plan your transport before you drink — book a cab in advance
- ✓Designate a non-drinking driver if going out in a group
- ✓Use apps like Ola/Uber or a driver service on nights out
- ✓Even one or two drinks can push you over the limit depending on body weight
- ✓Allow at least 1 hour per unit of alcohol for it to clear your system
What to Do If Caught
- 1.Do not argue with or obstruct the officer — this can escalate charges
- 2.Take the breathalyser test — refusal is treated as an admission
- 3.You have the right to request a blood test if you dispute the result
- 4.Contact a lawyer before making any statements
- 5.Pay the fine through official channels; retain the receipt
Key Facts
1.8%
of road deaths are attributed to drunk driving (MoRTH 2024)
30 mg
legal BAC limit per 100 ml blood in India
2×
fine for repeat offenders
Legal Reference
Section 185, MV Act
Motor Vehicles Act, 1988 — Section 185; MV (Amendment) Act, 2019
Related Violations
Information sourced from Motor Vehicles Act, 1988 — Section 185; MV (Amendment) Act, 2019. For awareness only — consult a legal professional for specific advice.