Drink and Drive Law in India 

Drink and Drive Law in India

Drinking and driving laws

Section 185 of Motor Vehicle Act

If a Person traveling from one place to another place in a drunken condition on a suspected state then the police has the power to stop him under Section 203 Subsection 1 of the Motor Vehicle Act

Drink and drive limit, if a Person while driving a motor vehicle, he/she has blood alcohol which exceeds 30 gm of intake per 100 ml of blood which call be detected by Breathalyzer. This is mostly observed in youngsters and teens.

Drunk and Drive Case in India

Section 185 of the motor vehicle Act

Drunk and drive rules in India


1st time

Imprisonment for six months or a drunk driving fine up to Rs 5000/- or both.
Link:  New Indian Traffic rules and fines 2019

2nd time

If it is repeated for 2nd time within 3 years from the cause of action then the punishment is for 2 years or fine/ vehicle challan up to Rs 3000/- or both.

The vehicle can be sealed.


It’s Bailable

Bail can be given by police officers and also rigorous punishment. The high penalty fine can be increased from Rs 2000 – Rs 10000/-.

If the person fails to pay the fine then 2-5 days of simple punishment can be imposed.

In Hyderabad every week 500 people get arrested and 2000 people per month and 240000 cases per year.

The procedure involves in drink and drives from Arrest to Release

After taking to the custody, police verifies the papers/documents and files complaint and finally prepares an FIR copy on it.

Within 24 hours Police should submit it to the court within Jurisdiction. Before taking the person to the court his/her health condition will be checked by a medical officer.

As per section 5” of All India Medical Association, the person should complete his/her medical degree from any medical university then that person is eligible as a medical officer.

The Medical certificate should be duly stamped and signed by him.

The vehicle and the accused will be taken to the court. Then the judgment will be given, as per that orders police will have to follow (sometime in the Judgement, the judge can release the accused and vehicle by submitting some sureties/bonds/fines), etc..

By Srujana, LLB

[email protected]

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