Drunk driving is one of the most heavily penalised traffic offences in India. After the Motor Vehicles (Amendment) Act, 2019, the fines rose sharply and a conviction can mean jail, loss of your licence, and — in a fatal crash — serious criminal charges under the Bharatiya Nyaya Sanhita (BNS), 2023. This guide explains the law as it stands in 2026 so you understand exactly what you face and how a defence works.

What is the legal blood-alcohol limit?

The permissible limit in India is 30 mg of alcohol per 100 ml of blood (0.03% BAC). Anything above this while driving — or attempting to drive — a motor vehicle in a public place is an offence under Section 185 of the Motor Vehicles Act, 1988. The limit is the same for all drivers; there is no separate, more lenient allowance. Driving under the influence of any drug that renders you incapable of proper control is equally covered.

It is important to understand the offence is the act of driving above the limit. You do not need to have caused an accident, swerved, or harmed anyone. A roadside breath test reading over 30 mg/100 ml is enough.

Penalties under Section 185 (first vs repeat offence)

The penalties depend on whether it is your first conviction or a subsequent one within three years.

	First offence	Repeat offence (within 3 years)
Fine	Up to ₹10,000	Up to ₹15,000
Imprisonment	Up to 6 months	Up to 2 years
Combination	Fine and/or imprisonment	Fine and/or imprisonment
Licence	Suspension (commonly 3 months to 2 years)	Suspension, and the licence may be cancelled
Vehicle	May be impounded	May be impounded

A court can impose the fine, the prison term, or both. For a genuine first offence, courts often impose a fine and may suspend the licence rather than send a person to jail — but this is at the court’s discretion, not a right.

Licence suspension and cancellation

A conviction under Section 185 triggers action by the licensing authority (your RTO) under the Motor Vehicles Act and the Central Motor Vehicles Rules. The driving licence is typically suspended for a period between three months and two years, depending on the gravity of the case and the court’s findings. For repeat offenders, the authority can move to cancel the licence rather than merely suspend it. A suspended or cancelled licence means you cannot legally drive at all during that period — driving while suspended is itself a fresh offence.

The testing and arrest process

Knowing the procedure helps you recognise when it has not been followed correctly.

Stop and reasonable suspicion. Under Section 203, a police officer in uniform (or a Motor Vehicles Department officer) may require a breath test where there is reasonable cause to suspect alcohol, or after an accident, or after another moving-traffic offence.
Breathalyser test. You blow into an electronic breath-analyser at the roadside. A reading above 30 mg/100 ml indicates the offence.
Refusal counts against you. Refusing to provide a breath specimen is treated as if you had failed the test, and the officer may arrest you and proceed under Section 185.
Arrest without warrant. Drunk driving is a cognizable offence, so under Section 202 an officer may arrest the driver without a warrant.
Laboratory/blood test. Under Section 204, where a breath test is positive or refused, the person may be taken for a laboratory (blood) test to confirm the alcohol concentration. This blood evidence is often decisive in court.

Fatal drunk-driving accidents: how they are charged now

If drunk driving causes a death, the case is no longer just a traffic matter. Following the replacement of the IPC by the Bharatiya Nyaya Sanhita (BNS), 2023, deaths caused by a rash or negligent act are charged under Section 106 BNS — the successor to the old Section 304A IPC.

Section 106(1) BNS: causing death by a rash or negligent act not amounting to culpable homicide — imprisonment up to 7 years plus fine. This sub-section is bailable.
Section 106(2) BNS: where the driver escapes from the scene or fails to report to police or a magistrate soon after — imprisonment up to 10 years plus fine. This is non-bailable.

In egregious cases — for example where the prosecution can show the driver knew their conduct was likely to cause death — the charge can be elevated to culpable homicide not amounting to murder under Section 105 BNS, which carries far heavier, non-bailable penalties. Courts have, in serious drunk-driving deaths, allowed such enhanced charges. The Section 185 offence and a civil compensation claim before the Motor Accident Claims Tribunal can run alongside the criminal case.

Possible legal defences

Every case turns on its facts, but common lines of defence include:

Faulty or uncalibrated breathalyser. The device must be working and properly calibrated; an unreliable reading can be challenged.
Procedural lapses. Failure to follow the testing procedure, no reasonable suspicion to stop you, or no proper blood test where required, can weaken the prosecution.
Chain of custody / blood sample issues. Gaps in how a blood sample was collected, sealed, stored or tested can cast doubt on the result.
Reading at or near the limit. Borderline readings and the margin of error of the device can be argued.
You were not driving or attempting to drive. The prosecution must prove you were actually driving the vehicle in a public place.

These defences are technical and time-sensitive. Evidence such as calibration records must be sought early. Our traffic offence lawyers at Astha Law Solutions handle drunk-driving cases, licence-suspension appeals and the related criminal charges across Delhi, and can also help with the broader list of Delhi traffic fines and challans for 2026.

Practical advice if you are stopped

Stay calm and polite, do not argue or attempt to flee — leaving the scene of an accident dramatically worsens your position under Section 106(2) BNS. Note the officer’s details and the time, and contact a lawyer as early as possible, especially before any court appearance, as a first-offence outcome can often be managed far better with timely legal help.

This is general information, not legal advice. Consult our lawyers for advice on your situation.

Drunk Driving in India: Penalties & Licence Suspension