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Drunken Driving Laws (Crime) and Punishment In India 2022

The maximum number of road accidents in India are caused by drunk driving. Hence, the government has many laws and punishments for this type of accident. To avoid such mishaps, one must follow the traffic rules, not drink and drive fine. It will help save many innocent lives over the year and in the future.

Owning a bike or car and driving it with full responsibility is an important task. One must drive adequately, follow all the norms, and not drive when drunk. There are many driving norms in all countries, and most rules are similar. Drunken driving is not acceptable by any country’s law and is a chargeable offence. It causes a risk to people on the road and one’s family too.

In India, too, many norms are related to drinking and driving cases. There are chances of severe road accidents because of it. Hence it must be brought under control. Every year, close to 5 lakh road accidents happen in India, and several times the culprit is a drunk driver. Hence, one must make sure to abide by the law and drive with proper safety.

The Legal Drinking Age (drinking and driving laws)

The first thing while considering drinking is the legal drinking age. In India, the legal drinking age varies from the age of 18 to 25 years. This age varies according to different state laws. Also, some states like Gujrat, Bihar, Nagaland, and Manipur banned alcohol entirely. Some states like Haryana, Goa, and others have a legal drinking age of 25 years. At the same time, most of the states in India have a legal drinking age of 21 years.

Even though the drinking norms differ from state to state in India, the drinking and driving rules are the same for all the states. It is wrong to drive while drunk, according to the Motor Vehicles Act 2019. Even insurance claim is not admissible for accidents caused due to this offence; hence, one must make sure to drive when entirely sober to save one’s life while driving.

The Alcohol Limit for Drunk Driving in India (drunk and drive limit)

The breath analyser is used in all states to analyse the alcohol content in an individual’s blood. If the amount of alcohol is more than 30mg per 100ml of blood, the person is considered drunk driving or driving under the influence. The same measure applies to a person driving under a drug’s influence. They are also incapable of exercising proper vehicle control and are considered rule breakers.

India’s drug laws are quite different; one must read them on the internet or discuss them with the help of an experienced lawyer. Also, one must not get intoxicated with drugs and drive a vehicle. It can result in severe road accidents and can also result in penalties, fines, or imprisonment.

The Punishment for Drunk Driving

Section 185 in the Motor Vehicles Act, 1988 considers drunk driving a criminal offence in India. According to the law, the punishment for a drinking and driving case can be imprisonment for six months and a fine of rupees two thousand. If an individual repeats the same crime within three years, the person is punished by imprisonment for up to two years and a fine of three thousand rupees.

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IPC Section 185, Motor Vehicles Act, 1988 (drink and drive fine)

A drinking and driving case is considered if a person is found driving a vehicle with 30mg per 100ml of blood in the body, tested by a breath analyser, or is under the influence of a drug and is incapable of exercising proper control over the vehicle. The first offence is charged with a fine of two thousand rupees, imprisonment of up to six months, or both.

If the subsequent offence is committed within the next three years, the subsequent offences are charged with a fine of rupees three thousand, imprisonment of up to two years, or both. These are the norms exercised per Section 185 of the Motor Vehicles Act, 1988. Hence, one must follow the rules and keep one’s record proper and precise.

The Motor Vehicle (Amendment) Bill, 2016

The approval for the Motor Vehicle (Amendment) Bill, 2016, was recently received from the Union Cabinet chaired by Prime Minister Shri. Narendra Modi. This bill aims to improve road safety standards and increase the number of fines and penalties for drunk driving cases. Per the Motor Vehicle (Amendment) Bill, 2016, the penalty for drunk driving has been increased from two thousand rupees to ten thousand rupees.

The fine is considerable, so one must avoid drinking and driving rather than paying such huge fines and disturbing one’s social image. Also, one must spread awareness about traffic laws to one’s friends and family members.

How Can One Avoid Drinking and Driving

The cases of drinking and driving must be reduced in India. Hence, every individual must collectively try to reduce the number of such offences. For example, if an individual is attending a party where there is the involvement of alcohol, then one must appoint a driver who can drive home safely. Also, if someone is hosting the party, the host can plan for the people to get home safely.

One must try to plan activities or parties which are alcohol-free and try to engage in other exciting activities. These small steps will help in avoiding drinking and driving cases very effectively. Also, as a responsible citizen of the nation, one must never drive while intoxicated and plan to go home safely with the help of a driver or a friend. Hence, one must never drink and drive fine and reach home sound and safe.


Drinking and driving is a severe offence and can result in severe road accidents and property losses. Hence, one must avoid getting involved in such cases, which can result in one’s death and severe health injuries. For this purpose, one must avoid drunk driving and spread awareness to one’s friends and family. The fines and penalties are also high, which can result in losing one’s hard-earned money in paying a fine.

One can discuss the laws with an experienced lawyer, who can tell more about the drinking and driving cases in India. The lawyer will also help get out of such a case if it’s severe. One can find many experienced lawyers on the internet who can help solve such cases. Many law firms, too, can provide proper legal assistance by consulting them.

In India, we, at Vakilsearch, can help solve such problems. We have a vast team of experienced lawyers, accountants, and company secretaries. We deal with cases related to law, compliance, and taxation. We also have more than five lakh potential customers who trust our services. Vakilsearch is a great platform that can help solve one’s legal, taxation, and compliance issues in less time.

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