Drunk driving under the influence is a serious traffic offence in India. Whether it’s alcohol or drugs, impaired driving poses a major threat to public safety. Indian law strictly prohibits driving a motor vehicle while intoxicated and imposes harsh penalties on offenders. The law aims to prevent road accidents, protect innocent lives, and promote responsible behavior on the roads.
What Are The Penalties For Drunk Driving In India?
If a person is caught driving or attempting to drive with blood alcohol content (BAC) over 30 mg per 100 ml, they are considered legally drunk. This can be detected using a breathalyzer or any approved test, including a laboratory report. The law also punishes individuals who are under the influence of drugs to such a degree that they lose control over the vehicle. In such cases, the driver is seen as incapable of operating the vehicle safely.
For a first-time offence, the punishment can include imprisonment of up to six months, or a fine of ₹10,000, or both. For a second or repeated offence, the penalty increases to imprisonment of up to two years, or a fine of ₹15,000, or both. These penalties serve as a strong deterrent against impaired driving.
The term “drug” in this context includes any intoxicating substance, natural, synthetic, or chemical, excluding alcohol. It also covers narcotic drugs and psychotropic substances as defined under the NDPS Act, 1985. The Central Government has the power to notify additional substances as “drugs” under this provision.
Recent Case
In a significant ruling dated March 18, 2025, the Kerala High Court in Benny Mon v. State of Kerala quashed proceedings under Section 185 of the Motor Vehicles Act, 1988, due to procedural lapses by law enforcement. The accused was found driving with a blood alcohol level of 121 mg/100 ml, based on an alcometer test. However, the court held for a valid prosecution under Section 185 MVA. It is mandatory to follow the procedures laid out in Sections 202 and 204. This include a medical examination by a registered practitioner and a confirmed laboratory test within two hours of alleged offense. Since these critical steps were not followed, the court ruled that the prosecution under Section 185 was not legally sustainable.
Importantly, the court clarified that the offense of rash and negligent driving under Section 279 of the IPC could proceed independently, as it does not rely on proof of intoxication. This ruling reinforces the need for strict compliance with procedural safeguards in drunk driving cases and serves as a precedent emphasizing that merely relying on a roadside breathalyzer is not enough for conviction under Section 185. It highlights the judiciary’s insistence on due process in motor vehicle offense prosecutions.
Conclusion
Drunk and drugged driving is not just a violation of traffic rules, it’s a criminal act with life-threatening consequences. Indian law treats it with utmost seriousness, punishing offenders to prevent harm and encourage safer roads. Avoid driving after drinking or consuming drugs. Stay safe, protect others, and respect the law. Responsible driving saves lives.
