How to Be Free from Drunk and Driving Case in India

Drunk and driving is a criminal offence in india, if you get caught - you will face MVD 185 and may also face BNS 281 charges.

The section 185 Motor Vehicle Department Act

Section 185 of the Motor Vehicles Act, 1988 (India) deals with drunk driving (driving under the influence of alcohol or drugs). It prescribes punishment for driving a vehicle while intoxicated beyond the legal limit.

Key Details of Section 185 MVA:

1. Alcohol level exceeds 30 mg per 100 ml of blood (tested using a breathalyzer).

2. They are under the influence of drugs, making them incapable of driving safely.

Punishment for Drunk Driving:

First offense → Up to 6 months imprisonment and/or ₹10,000 fine Subsequent offense (within 3 years) → Up to 2 years imprisonment and/or ₹15,000 fine

Additionally, the offender’s driving license can be suspended or even canceled, and in severe cases, the vehicle may be impounded In most cases, the police will also put BNS 281 charges against a drunk person

BNS Section 281

Section 281 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offense of rash or negligent driving or riding on public roads. This provision aims to promote road safety by penalizing behaviors that endanger human life or are likely to cause harm to others.

Offense Description: Driving any vehicle or riding on any public way in a manner so rash or negligent as to endanger human life or likely to cause hurt or injury to any other person.

Imprisonment for up to six months, or Fine up to ₹1,000, or Both imprisonment and fine.

Cognizable: Police have the authority to arrest without a warrant.

Bailable: The accused has the right to secure bail.

Triable by: Any Magistrate.

If an individual drives a vehicle at excessive speeds through a crowded market, disregarding traffic signals and endangering pedestrians, such behavior would constitute rash driving under Section 281 BNS. Upon conviction, the driver could face imprisonment, a fine, or both, depending on the severity of the offense.

Section 281 of the BNS replaces Section 279 of the Indian Penal Code (IPC). While both sections address rash driving or riding on public ways, the BNS, enacted in 2023, reflects updates to better align with contemporary road safety concerns.

These are the consequences of drunken driving a person will will have to be faced.

Drunken driving is a serious issue because not only you but innocent people on the road can also get hurt or even killed if you do this.

Even if you can argue it's just a beer or a glass of alcoholic drink - it's still an offence and doesn't justify the act

You must not drink and drive in public places but take the drink to your dwelling place and you can drink there.

The punishment procedure for drunk and driving

If you get caught, the police will arrest you on the spot and your vehicle will be seized or you will not be allowed to drive.

They will take you to the police station and put an FIR against you under MVD 185 and sometimes BNS 281 after done the breath analyze test.

Sometimes they will take you to a hospital and do blood test to determine the amount of alcohol in your blood

After doing these, the police can let you go home with a person who can drive and has a driver's licence.

In a few weeks or months, you will receive a court summons, you need to go in court and if guilty, you face upto 10,000 rupees fine along with upto 6 months prison.

But every few months, they have this lok adalat system and you can appear in the court on adalat day and you may get lesser fine like 1000 rupees and will not be allowed to leave until court closes, until 5 pm mostly you will need to stay in the court.

Your driver's licence may also get suspended or dismissed in some cases.

You might also need a lawyer, which will cost you an additional amount.

You may be allowed to leave after signing in the evening after the court closed down.

This is the way to settle the case and you must never drink and drive again because repeated offence can attract harsher punishment