Drunk Driving Laws and Punishment in India

Urbanization and growing affluence have to lead to more instances of drunk driving in India. Drunk driving or driving under the influence (DUI) is a criminal offense in India under the

Motor Vehicle Act. In this article, we look at the laws of drunk driving in India and the punishment for drunk driving.

Legal Drinking Age

In India, the legal age for drinking varies from 18 years to 25 years from state to state, while some states have completely banned alcohol. For instance, a state like Goa, Himachal Pradesh, Karnataka, and others have a legal drinking age of 18 years. States like Delhi, Haryana, and others have a legal drinking age of 25 years, while most states have a legal drinking age of 21 years. Consumption of alcohol is completely banned in the states of Gujarat, Bihar, Manipur, and Nagaland, as well as the union territory of Lakshadweep.

Drunk Driving - Alcohol Limit in India

Any person who in his/her blood has alcohol exceeding 30 mg. Per 100 ml. Of blood, detected in a test by a breath analyzer, is said to be driving under the influence or drunk driving. The same also applies to any person who is under the influence of a drug to such an extent as to be incapable of exercising proper control over the

vehicle.

Drunk Driving Punishment

Currently, Section 185 in The Motor Vehicles Act, 1988, makes driving under the influence of a criminal offense in India. As per the Motor Vehicle Act, driving by a drunken person or by a person under the influence of drugs is punishable for the first offense with imprisonment for a term of up to six months and/or with fine which may extend to two thousand rupees. Second or subsequent offense, if committed within three years of a similar offense, is punishable with imprisonment for a term of up to two years and/or with a fine of three thousand rupees.

Section 185 of the Motor Vehicles Act, 1988

Driving by a drunken person or by a person under the influence of drugs. 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 analyzer, or
(b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offense with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offense, if committed within three years of the commission of the previous similar offense, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. Explanation.—For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.

Motor Vehicle (Amendment) Bill 2016

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for Motor Vehicle (Amendment) Bill 2016 recently. The Amendment bill aims to improve road safety and provides for a higher level of fines and penalties for drunk driving. The penalty for drunk driving under the Motor Vehicle (Amendment) Bill 2016 has been increased from Rs.2000 to Rs.10,000.

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Frequently Asked Questions

Common questions about Drunk Driving Laws and Penalties in India.

The legal drinking age in India varies from 18 to 25 years across different states. Some states like Goa, Himachal Pradesh, and Karnataka have a legal drinking age of 18 years, while Delhi and Haryana have it at 25 years. Most other states have set the legal drinking age at 21 years. Additionally, states like Gujarat, Bihar, Manipur, and Nagaland have completely banned alcohol consumption.

In India, if a person's blood alcohol content exceeds 30 mg per 100 ml of blood, detected by a breath analyzer test, they are considered to be driving under the influence or drunk driving. The same applies to someone who is under the influence of drugs to an extent that they cannot exercise proper control over the vehicle.

As per Section 185 of the Motor Vehicles Act, 1988, the punishment for the first offense of drunk driving is imprisonment for up to six months and/or a fine of up to Rs. 2,000. For a second or subsequent offense committed within three years, the punishment is imprisonment for up to two years and/or a fine of Rs. 3,000.

The Motor Vehicle (Amendment) Bill 2016 has significantly increased the penalty for drunk driving from Rs. 2,000 to Rs. 10,000. This amendment aims to improve road safety and provide a higher level of fines and penalties for drunk driving offenses.

Yes, there are states in India where alcohol consumption is completely banned. These include Gujarat, Bihar, Manipur, Nagaland, and the union territory of Lakshadweep.

The legal limit for blood alcohol content while driving in India is 30 mg per 100 ml of blood, as detected by a breath analyzer test. Exceeding this limit is considered drunk driving and punishable under the Motor Vehicles Act.

Yes, the punishment for drunk driving in India is more severe for repeat offenders. For the first offense, the punishment is up to six months in jail or a fine of up to Rs. 2,000, or both. For a second or subsequent offense within three years, the punishment is up to two years in jail or a fine of up to Rs. 3,000, or both.

Yes, the Motor Vehicles Act in India considers driving under the influence of drugs to such an extent that the person is incapable of exercising proper control over the vehicle as drunk driving. The punishment for this offense is the same as that for drunk driving involving alcohol.

The primary purpose of the Motor Vehicle (Amendment) Bill 2016 is to improve road safety in India by providing for higher fines and penalties for offenses like drunk driving. The amendment aims to create a stronger deterrent against such offenses and promote responsible driving behavior.

The Motor Vehicles Act in India does not provide for any specific exceptions or defenses for drunk driving offenses. However, like any other criminal offense, the circumstances and evidence presented in court may be considered by the judge while determining the punishment.