What are the legal consequences of drunk driving?

Answer By law4u team

Drunk driving in India is a serious traffic offence and can lead to fines, imprisonment, license suspension, and even criminal charges depending on the situation. Relevant law: Motor Vehicles Act, 1988 Legal consequences of drunk driving: First offence: Fine up to ₹10,000 Imprisonment up to 6 months (in some cases both fine and jail) License suspension or disqualification Repeat offence: Fine up to ₹15,000 Imprisonment up to 2 years Permanent or long-term license cancellation Additional consequences: Vehicle can be seized or impounded Insurance claim may be rejected in case of accident Court may order community service in some cases If accident occurs: If drunk driving causes injury or death: Criminal charges under Indian criminal law may apply Case can become much more serious, including long-term imprisonment Compensation liability to victims Legal limit: Blood Alcohol Concentration (BAC) limit in India is 0.03% (30 mg per 100 ml of blood) Police powers: Breath analyzer test at checkpoints Arrest on suspicion of intoxication while driving Medical examination if required Conclusion: Drunk driving is a punishable offence in India with fines, jail, and license cancellation, and becomes very serious if it results in an accident or injury.

Answer By Ayantika Mondal

Dear Client, According to the Indian Law, Drink and driving is regarded as a ‘strict liability’ crime, meaning that regardless of intention or negligence, a person is guilty of committing a crime under the provisions of Sec. 185 of the Motor Vehicles Act (MVA). A driver will have committed an offence if they have a Blood Alcohol Content (BAC) level of greater than 30 mg/100 mL of blood as attested by the driver’s Breathalyser test. The penalties for drunk driving in India have been significantly increased under the amended MVA, 2019. A first-time offender could be sentenced to up to six months imprisonment, face fines of up to ₹10,000 (& all costs/bills attributable to him/her), or both. Any second offence committed within three years of a previous offence may lead to imprisonment for up to two years (twice as long as for a first offence) and a fine of up to ₹15,000, or both. Now, Law enforcement can suspend or permanently revoke a driving license under Sec 20 and 21 of the MVA, in addition to the possibility of incurring an immediate fine or penalties and being jailed. A driver who drives under the influence of alcohol/being drunken and causes the death of another person will be subjected, in addition to the immediate fines outlined in the law, to serious criminal charges for causing “Death By Negligence” pursuant to Sec 106 of the newly enacted BNS, 2023. These charges are completely different from the sentencing guidelines established in the IPC for persons found guilty of committing culpable homicide or murder and committing negligent homicide or wrongful death. I hope this answer helps. If you have any further queries, kindly do not hesitate to contact us. Thankyou