What happens if I'm caught drunk driving?
Simple answer
It is a crime if a breath or blood test shows more than 30 mg of alcohol per 100 ml of blood, or if drugs stop you driving safely. First offence: up to 6 months' jail or a ₹10,000 fine, or both. Repeat: up to 2 years or ₹15,000, or both.
Real-life examples
Joseph had a few drinks at a wedding in Kochi and drove home. The breathalyser showed 45 mg per 100 ml. Police seized his licence and sent it to the RTO, which can suspend it, and his case went to court.
Vikram was arrested for drunk driving in Bengaluru, but no doctor examined him for over two hours. The law says a person arrested for drunk driving must be medically examined within two hours, or released.
What should you do?
- 1Don't drive after drinking. Take a cab, ask a sober person to drive, or stay where you are.
- 2If stopped, cooperate with the breath test. Note the reading, time, place and the officer's name.
- 3If arrested, ask to be taken for a medical examination. It must happen within two hours.
- 4Take the challan and the acknowledgement for your seized licence. You cannot drive on that acknowledgement.
- 5Go to court on the given date. Talk to a lawyer, especially if anyone was hurt. Call NALSA at 15100 for free legal aid.
Exceptions & limits
- If someone is hurt or killed, police can add BNS charges, such as causing death by negligence, which carries up to 5 years' jail.
- Drunk driving cannot be settled by paying a fine on the spot or online. Only a court can decide the punishment.
Official legal reference
Motor Vehicles Act, 1988 — Section 185
Driving with over 30 mg alcohol per 100 ml blood, or under drugs: up to 6 months or ₹10,000 or both; repeat: up to 2 years or ₹15,000 or both.
Motor Vehicles Act, 1988 — Section 202
Police in uniform can arrest without warrant for drunk driving; the person must be medically examined within two hours or released.
Motor Vehicles Act, 1988 — Sections 19, 206(4)
Police seize the licence and send it to the licensing authority, which can disqualify the driver or revoke the licence.
Bharatiya Nyaya Sanhita, 2023 — Sections 106(1), 125
Causing death by negligence (up to 5 years and fine), and rash or negligent acts that endanger life or cause hurt.
Earlier: IPC Sections 304A, 336, 337, 338Read the official text
Where to get help
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- All of India
- Law in force since
- 1 Sept 2019
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.