Drunk driving, also referred to as driving under the influence (DUI), is a major offense in India that endangers public safety. To curb this menace, the Indian government has implemented strict laws to penalize offenders and deter reckless driving. The primary legal provisions governing drunk driving are found in the Motor Vehicles Act, 1988, which has undergone several amendments to enhance penalties and enforcement.
Drunk driving, as outlined in Section 185 MV Act, poses severe risks leading to accidents, resulting in strict penalties, including fines and imprisonment, to deter offenders, maintain road safety, and protect lives on Indian roads in 2024.
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. drunk and drive 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.
The Legal Drinking Age (Drunk and Drive 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 drunk and drive 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.
Legal Limit for Alcohol Consumption
In India, the legal blood alcohol concentration (BAC) limit is 0.03% (30 mg of alcohol per 100 ml of blood). If a driver’s BAC exceeds this limit, they are considered to be driving under the influence of alcohol and are subject to legal action. To measure BAC, law enforcement agencies frequently conduct breathalyzer tests at checkpoints, especially during festivals or late at night when drunk driving incidents are more likely. The legal limit is lower in India compared to some other countries, reflecting the government’s focus on promoting road safety in a densely populated nation with a high number of traffic-related accidents.
Drunk Driving Punishment
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.
FAQs
What is the penalty for first-time drunk driving offenders?
For first-time drunk driving offenders in India, the penalty under the Motor Vehicles Act, 1988, as amended in 2019, includes a fine of ₹10,000 or imprisonment for up to 6 months, or both. Additionally, the offender’s driver’s license may be temporarily suspended to prevent further violations. The law aims to deter individuals from driving under the influence by imposing strict consequences. The penalties are designed to promote road safety and discourage reckless behavior, with law enforcement agencies
What are the consequences if drunk driving leads to an accident?
If drunk driving leads to an accident in India, the consequences are severe. Under Section 304 of the Indian Penal Code (IPC), causing death while driving under the influence can result in imprisonment for up to 10 years or life imprisonment, along with hefty fines. For causing grievous injury, Section 338 of the IPC applies, carrying a penalty of up to 2 years of imprisonment or fines. Additionally, the offender may face charges under the Motor Vehicles Act, which can include license suspension and vehicle impoundment. These laws aim to enforce accountability and enhance road safety.