What Is The Punishment For Drunk And Drive In India?

Drinking is not prohibited in most states of India, and it is perfectly fine if you are not doing anything illegal after getting drunk. There are many strict laws regarding the drinking habit like minimum age, things you can’t do, and more.

Since many believe that a little alcohol and driving is legal, then they should rectify their knowledge as drunk and drive in India is prohibited under the motor vehicle act. Driving under the influence of any substance (DUI) is termed a criminal offense, and if someone is caught doing the same is punished.

Legal Age to Drink

The legal age to drink in India varies from state to state, and it might change as there are many new amendments for the same. The minimum age to drink in the capital of India is 25, and it is also 25 years in many other states.

Based on the same factor, if you are willing to buy alcohol in a particular state, you should at least meet the minimum age requirement. Buying or selling alcohol to underage is also illegal.

Punishment for Drunk and Drive

The punishment for drunk and drive is given under section 185 from the Motor Vehicle act, 1988, which states that driving under the influence of any substance is a criminal offense. If someone is caught driving under the influence, the punishments are –

  • Up to six months of imprisonment.
  • And/or Up to 2000 rupees fine.
  • A driving license will be seized for 3 months.

There will be extra fines, if the drunk driver is underage for getting drunk, doesn’t have a license, and more. Doing the same crime in a row within three years will be treated as ignorance of laws, and the person will be charged with –

  • Up to 2 years of imprisonment.
  • And/or up to 3000 rupees fine.
  • A driving license will be seized.

These are some of the punishments for drunk and drive. Doing the same mistake under the influence of any substance or drug will be treated with up to two years of imprisonment, and the driving license will be terminated permanently.

Legal BAC or Blood Alcohol Concentration Level

After getting caught by traffic police, there are BAC levels or Blood alcohol concentration levels tested with the use of a breath analyzer. If the blood alcohol level is below 30 mg per 100 ml blood, then you won’t be considered drunk. The influence is minimal, and the driver’s state of mind is perfect when the BAC level is below 30 mg per 100 ml.

Facts –

  • In India, the drunken drive is more than 60 % responsible for the most fatal accidents in Delhi.
  • After a pint of beer (330ml), your body will be capable of processing 2.5 ml of alcohol within one hour. So, you can’t drive for at least for next 90 minutes. The numbers will vary from person to person.
  • For the repeated offenders, the punishment is 10,000 rupees and four years of imprisonment as if the BAC level is above 150mg.