DRINK & DRIVE LAW IN INDIA

(Motor Vehicles Act, 1988 – As Amended in 2019)

1. WHAT IS “DRINK & DRIVE”?

Legal Provision

Section 185 – Motor Vehicles Act, 1988

A person commits the offence of drink & drive if:

• Blood Alcohol Content (BAC) exceeds 30 mg per 100 ml of blood, OR
• Is under the influence of drugs to such an extent that he cannot exercise proper control over the vehicle.

✔ Checked by:

• Breath Analyzer
• Blood test (government hospital)

2. PUNISHMENT FOR DRINK & DRIVE

First Offence

• Imprisonment: up to 6 months, OR
• Fine: up to ₹10,000, OR
• Both

Second or Subsequent Offence (within 3 years)

• Imprisonment: up to 2 years
• Fine: up to ₹15,000
• Driving licence cancellation / suspension

3. CAN POLICE ARREST WITHOUT WARRANT?

✔ Yes

Drink & drive is a cognizable offence under MV Act:

• Police can stop vehicle
• Conduct breath test
• Arrest without warrant
• Produce accused before Magistrate

4. VEHICLE SEIZURE – IS IT LEGAL?

YES, police can seize the vehicle if:

• Driver is intoxicated
• Vehicle is being driven dangerously
• Driver is incapable of safe driving
• No sober person is available to take charge

Legal Basis:

• Section 202 MV Act – Power to arrest
• Section 207 MV Act – Power to detain/seize vehicle

5. WHAT HAPPENS AFTER CAR IS SEIZED?

Step-by-Step Process

1. Vehicle seized by police
2. Challan prepared (online / manual)
3. Vehicle taken to police station / impound yard
4. Driver produced before Magistrate
5. Case registered under Section 185 MV Act

6. HOW TO GET THE SEIZED CAR RELEASED?

Method: Superdari Application

File application before the concerned Magistrate under:

• Section 451 CrPC (or BNSS equivalent)

Documents Required:

• RC (Registration Certificate)
• Insurance
• Driving Licence (if available)
• ID Proof
• Superdari bond

Court may:

• Release vehicle on superdari
• Impose conditions
• Direct payment of fine

7. EXAMPLE CASE (PRACTICAL SCENARIO)

Example:

Mr. A was stopped at a Delhi police checkpoint at night.
Breath analyzer showed BAC = 85 mg/100 ml.

Police Action:

• Arrested Mr. A
• Seized car
• Issued challan under Section 185 MV Act

Court Action:

• Magistrate imposed ₹10,000 fine
• Licence suspended for 6 months
• Car released on superdari after application

8. CAN LICENCE BE SUSPENDED?

✔ Yes
Under Section 19 MV Act, Licensing Authority may:

• Suspend or cancel driving licence
• Especially in repeat offences

9. IMPORTANT COURT OBSERVATIONS

🔹 State of Maharashtra v. Mohd. Yakub

✔ Drunk driving is a serious offence affecting public safety

🔹 Alister Anthony Pareira v. State of Maharashtra (2012)

✔ Driving under influence shows criminal negligence

10. IMPORTANT POINTS TO REMEMBER

✔ Legal limit: 30 mg/100 ml
✔ Even sitting in driver seat with engine ON = offence
✔ Saying “I drank less” is no defence
✔ Vehicle seizure is temporary, not confiscation
✔ First offence often ends in fine, not jail

11. DEFENCES AVAILABLE (LIMITED)

• Faulty breath analyzer
• No proper calibration
• Illegal detention
• BAC below permissible limit
• Violation of testing procedure

🔚 CONCLUSION

Drink & Drive is treated as a serious public safety offence.
Police have wide powers, but vehicle seizure is not permanent and can be challenged through court.