Drink Driving Laws In India: All You Need To Know

Hours after the minor son of a prominent realtor was reportedly seen drinking with friends at a Pune bar, the 17-year-old crashed his Porsche car into a motorbike, killing two people on the spot. The collision took place in Kalyani Nagar, Pune, where the speeding car allegedly hit two IT professionals.

Eyewitnesses said how one victim was thrown 20 feet into the air, while the other was flung into a parked car.

According to police reports, the 17-year-old was behind the wheel at the time of the crash. Authorities claim he was drunk while driving. The Pune police arrested the owners of the bar for allowing underage drinking on their premises. Maharashtra's legal age for drinking is 25, making the incident a clear violation of the law. 

What are the drunk driving laws in India?

Alcohol limit

Driving under the influence of alcohol or drugs is prohibited under Section 185 of the Motor Vehicle Act 1988. The legal alcohol limit in India is set at 0.03% per 100ml of blood. If more than 30mg of alcohol or drugs in a sample of 100 ml blood is detected, it is considered illegal and a punishable offence.

Penalty

If caught driving while intoxicated or under the influence of drugs, the offender faces serious penalties. According to Section 185 of The Motor Vehicles Act, 1988, if it is your first time getting caught drinking and driving in India, you could be looking at six months of jail time and a fine of ₹10,000. Before 2019, the fine for a first offence was ₹2,000. For a second offence, you could spend up to 2 years in jail and be fined ₹15,000 (up from ₹3,000). Repeat offenders might also face penalties related to their driving licenses. 

Under the 2019 Motor Vehicles Act, penalties apply to all vehicle types, including two-wheelers, three-wheelers and commercial ones. Insurance claims are not valid for accidents resulting from drunk driving.

Legal age for alcohol consumption

In India, the legal age for drinking ranges from 18 years to 25 years, varying across states. Goa, Himachal Pradesh and Karnataka allow drinking from the age of 18, while states like Delhi, Maharashtra and Haryana set the limit at 25 years. States like Assam, Chhattisgarh, and west Bengal have a legal drinking age of 21 years. Meanwhile, some states, like Gujarat, have imposed complete bans on alcohol.