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Drink & Drive Penalty

  • Author :
  • TATA AIG Team
  • Published on :
  • 08/10/2023

A vehicle provides convenience and independence, so many people value driving. While driving is a responsibility, you must obey all traffic rules, especially when under alcohol. A key objective is preventing fatal accidents due to rash decisions or faulty behaviour.

While driving, you should never forget someone is waiting for you when you get home. You must follow the traffic rules and not do anything that could endanger others. Moreover, drunk driving is one of the most important things to avoid. The problem of drunk driving in India is grave. Drinking and driving will not be covered by your car insurance policy. In such a situation, you cannot get help from any four-wheeler insurance company.

Read on to learn all about the drink-and-drive limit in India and the legal alcohol-driving limit.

How Much Alcohol is Allowed While Driving?

Driving under the alcohol or drug influence is illegal under the Motor Vehicle Act 1988, Section 185. The permissible alcohol limit in India is set at 0.03% per 100ml of blood. That is, the detection of more than 30mg of alcohol or drugs in a sample of 100 ml blood is considered a punishable offence by Indian law. It deserves a penalty if the driver is under alcohol allowance driving.

An NCRB report indicates that Uttar Pradesh is the state with the most significant number of drink-and-drive cases, with drivers found under the influence of drugs. In all road accident cases in the nation, 1.9% were caused by careless driving after consuming alcohol or drugs. In 2021, 2,935 people died and 7,235 people were injured.

Drink and Drive Fine in India

In the case of a first offence, you could face imprisonment for six months and a fine of up to ₹10,000. Before 2019, the first offence was fined ₹2,000.

In the case of a second offence, you could face up to two years in prison and a fine of ₹15,000 (up from ₹3,000). Penalties may also be imposed on repeat offenders regarding their driving licences.

Drink and Drive Fine in Mumbai

As of January 2022, Mumbai and surrounding townships had four crores of vehicles! This has also led to a rise in drunken driving cases.

The Government of India and the traffic Police took steps to prevent the situation from worsening by implementing strict traffic laws for incredibly drunk drivers and two-wheelers and four-wheelers. A revision of drunk driving fines is one of the amendments in the Motor Vehicles Act 2019.

  • A fine of ₹10,000/- or six months of imprisonment can be imposed for violating a traffic rule after drunken driving.

  • Until 1 September 2019, you would have been fined ₹2000/- or jailed for six months if you were found driving while drunk with alcohol or drugs.

  • If you commit the same offence a second time, you will be fined ₹15,000/- or/and imprisoned for two years.

  • According to the MV Act, drunk driving traffic rule violations were punishable by imprisonment for two years or ₹3000/- before the amendment.

Young people between the ages of 26 and 35 are likely to break this rule in Mumbai. The purpose of these traffic laws is to ensure the safety of the public.

What Happens in the Case of Drunk Driving?

Traffic police officials in Mumbai and all Indian cities conduct routine drunk driving checks. Several hotspots have been set up where barricades are installed, and checks are conducted. Barricades can also appear at random locations. If a traffic police officer stops you, you should park your vehicle to the side and coordinate with them. Answer the officer's questions honestly; he may ask you some general questions.

When a police official suspects you are driving drunk, you must take a breathalyser test. For further processing, you will be taken to the nearest police station if your BAC exceeds the permissible limit of alcohol. A penalty can be paid in such a case. Punishments, however, are case-specific and cannot be generalised. It becomes even more complicated if you have caused harm to anyone while driving drunk. There is a possibility that the case will be prosecuted as a criminal offence, and the punishment will be more stringent.

Procedure for Paying Drunk and Drive Penalty

An alcohol challan will be issued if the driver's blood alcohol level exceeds the alcohol limit while driving in India (30mg per 100ml of blood). It is also possible for the police to detain the vehicle.

If you want to pay the challan fine online or offline, you may do so as follows:

For Online Payments

Visit your corresponding state's transportation department's website.

Choose "payment of e-challan" or "payment for a traffic violation".

The vehicle number or challan number must be entered, along with the captcha code.

You can make an online payment with UPI, debit or credit cards, or e-wallets.

Payment confirmation and a receipt will be sent to your registered number after payment.

For Offline Payments

Get in touch with your local traffic police station. Your challan must be shown to them to determine the amount you need to pay. According to the severity of the violation, the amount will vary. Make sure all dues are paid and keep the receipts.

How Does Drunk and Driving Affect Your Car Insurance?

The first thing you should do when purchasing a vehicle is to buy car insurance. Comprehensive car insurance from Tata AIG will help you financially when you are involved in an accident.

But, if you are driving while under the influence of alcohol, your four-wheeler insurance policy will not be able to protect you from any risks.


Last but not least, remember that drinking and driving is not just about you (or your passengers). Although a fine may not seem like much, driving under alcohol or drug influence can result in serious injuries or death for you and others. Take care of yourself and others by not taking chances with their lives. Ensure you don't drink and drive, and always drink responsibly.


Does the fine apply to all types of vehicles?

In all cases of drunk driving, the penalty is the same for two-wheelers, three-wheelers, and commercial vehicles.

How can drunk driving be prevented?

Listed below are some tips to avoid drunk driving.

Always have a designated driver when you are planning to drink

Avoid drinking when you are alone and driving

Try to spend the night over if you are drunk

Do not get into the car with someone who has been drinking and is supposed to drive

Is it a mistake to drive drunk?

According to the 2019 Motor Vehicles Act, driving while drunk is illegal. Insurance claims are not admissible for accidents caused by this offence; one must go while not drunk to save one's life.

What is a breathalyser?

A breathalyser analyses a person's breath sample to determine their blood alcohol content. Traffic police officers often see these devices. You have to cooperate with the traffic police and give them a sample of your breath if they ask.

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