Drink and Drive Penalty in India

Driving a vehicle is important for a lot of people, because it offers us convenience and independence. It is in other words, an art to simplify the way of living by commuting from one place to another. Even learning how to drive and finally getting a valid driving license is often a huge milestone in our lives!

But, driving is a responsibility, and it is important to obey all traffic rules when we drive, especially not driving under the influence of alcohol is a responsibility. It is to make sure that any rash decisions or faulty behavior don’t cause grave accidents that can put lives in danger.

Life is valuable and so while driving you should always remember that someone is waiting for you back home. At all times, one must abide by the traffic rules, and ensure that they don’t do anything to put others in jeopardy. And, one of the main things to avoid is drunk driving. Driving under the influence of alcohol is a grave concern in India.

Is it illegal to drive when you are drunk?

Yes, it most certainly is! As per Section 185 of the Motor Vehicle Act 2019, it is illegal to drive when you are under the influence of alcohol or drugs.

Driving under the influence of alcohol is considered a criminal offence.

The National Crime Records Bureau (NCRB) reports that just between 2018 and 2020, drunk driving led to over 38,000 road accidents. This is around 2% of all the road accidents that happened in India. And, in 2019 alone, nearly 3,000 people died in such accidents, while 6,675 were seriously injured.

What is the fine for drunk driving?

For the first offence, one might have to face imprisonment for 6 months and/or a traffic violation fine up to ₹10,000. (Before 2019, the fine for first offence was ₹2,000)

For the second offence, one can face imprisonment up to 2 years and/or a fine of ₹15,000 (increased in 2019 from ₹3,000), and all repeat offenders may also face penalties regarding their driving license.

Is the fine the same for all types of vehicles?

Yes, the amount of penalty imposed for drunk driving is the same for all vehicles be it a two-wheeler, three-wheeler, or a commercial vehicle.

What is the process if you are caught for drunk driving?

If any vehicle is stopped for suspected drunk driving, the traffic police will ask the driver to take a blood alcohol concentration (BAC) test. They will be asked to blow into a breathalyzer, and if the value of alcohol exceeds 30mg per 100ml of blood, then they have exceeded the permitted limits, and will be held guilty of driving under the influence of alcohol.

Remember, do not refuse to take the test, as there will be serious consequences. If the police suspect drunkenness, they can suspend one’s license and place them under arrest without a warrant. The driver might even be taken to the closest hospital or police station for a blood test. This is because the person who has done this has put their own life and the life of others at risk on the road.

You may pay the fine either online or offline for the challan:

For online payments:

Visit the website of your respective State’s Transport Department.

Click on the tab of “payment of e-challan” or “traffic violation payment”.
Enter the vehicle number and/or challan number, and fill in the required captcha code.
Make an online payment using a debit or credit card, e-wallets or through UPI. (You can pay the penalty via UPI, debit/credit card or through e-wallets)
After the payment is done, you will receive a message for confirmation of payment and a receipt on your registered number.

For offline payments:

Visit the nearest traffic police station in your area. Show them your challan and ask for the amount you are liable to pay for the impending fine. This amount will be based on the severity of the violation. Clear all the dues and keep the receipt.

Always follow the traffic rules as a repeated offence attracts heavier penalties, even imprisonment. Additionally, remember that all drivers are legally required to have a valid driving license. Carry a copy of this, along with the vehicle’s registration certificate, and its insurance details whenever you are on the road.

How to Be Responsible and Avoid Drinking and Driving

While it is important to know what to do in a situation where you are caught driving drunk, remember that you are breaking the law. Thus, it is best to avoid being in such a situation in the first place. So if you’re going to be drinking, just remember these tips to make sure you don’t drive while you’re under the influence:

Make sure you don’t drink if you know you have to drive afterwards.
Book a cab or auto to take you wherever you are going.
If it is too late for a cab, ask a friend or relative who stays nearby if you can spend the night with them.
If you are going out as a group, pick a designated driver who won’t be drinking.

Leave your car at home. If you don’t have it with you, you won’t be able to drive it while drunk!
If you see a friend who is drunk attempting to drive, you can protect them by taking away their keys. They may be angry at you for a while, but remember, the alternative is a lot worse.

Finally, always remember that when you drink and drive, it is more than just about you (or your passengers). Getting a fine may not seem like a big deal, but driving under the influence is a serious issue that can end up injuring or killing yourself, or someone else. So don’t take chances with your own life and the lives of others. Don’t drink and drive, and always remember to drink responsibly.

Disclaimer: The information mentioned here is collected from different online websites, news websites and government sources. They may change over time. Please check the official government websites and verify the information before making any decision.

FAQs

✓ What is the legal age to drive in India?

In case you were wondering, you can start driving a moped or gearless motorcycle from age 16, and all other vehicles (including bikes and cars) from age 18. For driving commercial or transport vehicles, you need to be 20 years old in some states, and you will also need an endorsement in the driving license.

✓ How do you get a driving license in India?

In India, once you start learning how to drive, you can apply and get a Learner’s License (LLR) or a provisional license. This means that you must either be accompanied by someone who has a full driving license while you are driving, or for motorcycles and bikes, you must not carry any pillion passenger.

After you have learnt how to drive, you can take a driving test. This consists of three sections: a verbal or written test, a road sign test, and a supervised driving exam. One you pass, you can get a full driving license.

✓ How do the traffic police validate that the driver is under the influence of alcohol?

If the traffic police have any doubt that a driver is intoxicated with drugs or alcohol, they stop the car and ask the driver to take a blood alcohol concentration (BAC) test. To do this, one blows into a breathalyzer which measured the person’s blood alcohol level. If this exceeds 30mg per 100ml of blood detected by a breath-analyzer, then one is considered incapable of driving, and thus, guilty of the offence of drunk driving.