What is the penalty for drunk driving in India?

What the Law Says

The penalty for drunk driving in India is governed primarily by the Motor Vehicles Act, 1988, as amended in 2019. The law treats first and subsequent offences differently, with significantly stiffer punishments for repeat violations.

Under Section 185 of the Motor Vehicles Act, 1988, driving or attempting to drive a motor vehicle while under the influence of alcohol or drugs is a criminal offence. The legal blood alcohol limit is 0.03% (30 mg per 100 ml of blood) for private vehicles; for commercial drivers, it is zero tolerance.

A first conviction attracts imprisonment up to six months, a fine up to ₹10,000, or both. For a second or subsequent conviction within three years, the punishment escalates to imprisonment up to two years, a fine up to ₹15,000, or both — plus cancellation of the driving licence for seven years.

The court may also order mandatory attendance at an awareness programme on road safety and substance abuse.

Statutory Text

Whoever, while driving, or attempting to drive, a motor vehicle, has in his blood alcohol exceeding 30 mg per 100 ml of blood… shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

— Motor Vehicles Act, 1988, s. 185 — Driving under the influence of alcohol or drugs

Statutory Text

On second or subsequent conviction… imprisonment for a term which may extend to two years, or with fine which may extend to fifteen thousand rupees, or with both… and the driving licence shall stand cancelled for a period of seven years.

— Motor Vehicles Act, 1988, s. 185(2) — Enhanced penalty for repeat offence

What Courts Have Said

Indian courts have consistently upheld strict enforcement of Section 185, emphasising deterrence and public safety over leniency — especially in cases involving injury or death.

What to Do

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