Drifting dangerously – drunk driving incidents in India are serious legal offences that can lead to jail time, fines, and long-term consequences.
Drunk driving continues to be one of the most serious traffic violations in India, leading to thousands of preventable accidents every year. But beyond the social stigma lies a well-defined legal framework. This guide covers everything you need to know about drunk driving laws in India, the penalties you may face, and what to do if you're involved in such a situation—whether as a driver, victim, or witness.
This post is part of our traffic law series:
Understanding Indian Traffic Laws: Your Rights After an Accident (2025 Guide)
Legal Definition of Drunk Driving in India
According to Section 185 of the Motor Vehicles Act, a person is guilty of drunk driving if they are found operating a motor vehicle with:
- Blood Alcohol Content (BAC) exceeding 30 mg per 100 ml of blood, detected using a breath analyzer.
- Under the influence of alcohol, drugs, or any substance that impairs physical or mental control.
Refusal to take a breath test or medical examination when asked by police may also lead to legal action.
Penalties for Drunk Driving
For first-time offenders:
- Fine up to ₹10,000
- Imprisonment up to 6 months
- Suspension of driving license
For repeat offenders (within 3 years):
- Fine up to ₹15,000
- Imprisonment up to 2 years
- Longer license suspension or cancellation
Note: Penalties may be more severe if drunk driving leads to an accident, injury, or death. It may escalate to culpable homicide or grievous hurt charges.
What Happens During a Police Check?
- Police conduct random breathalyzer tests at checkpoints.
- If found intoxicated, your vehicle may be impounded and you may be arrested.
- You may be taken for a medical test at a government hospital.
- An FIR will be filed under Section 185 and possibly other relevant sections depending on the circumstances.
Rights of the Accused
- You have the right to ask for a second medical opinion if you doubt the breathalyzer reading.
- You have the right to remain silent until your legal representation is present.
- You can request a copy of the FIR and breathalyzer report.
- You cannot be forced to plead guilty on the spot or pay bribes.
If You're the Victim of a Drunk Driving Accident
- Call 112 immediately and request police and ambulance support.
- Seek medical attention—even minor injuries should be documented.
- File an FIR mentioning suspicion of intoxicated driving.
- Demand blood/alcohol test be conducted on the driver.
- You may be eligible for insurance and compensation claims under third-party liability.
Insurance Impact
- If caught drunk driving, your own insurance claim may be denied.
- Victims injured by a drunk driver are entitled to compensation through the driver’s third-party insurance.
- Legal proceedings or settlement may be required for full payout.
Safe Driving Alternatives
- Use ride-sharing services or taxis if drinking.
- Designate a sober driver in groups.
- Support friends in making responsible choices—it’s a public safety issue.
Summary
Drunk driving is a criminal offence in India—not just a traffic violation. It endangers lives, attracts serious legal penalties, and damages your record. Know your rights, understand your responsibilities, and help build a safer road culture.
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