Drunk Driving DUI in India: Legal Consequences and Your Rights

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Criminal Law

Drunk driving officially called driving under influence (DUI) in legal terminology is one of the most serious traffic offences in India. Furthermore, the Motor Vehicles Amendment Act, 2019 significantly enhanced penalties, making drunk driving consequences far more severe than most people realise. However, many people stopped for drunk driving do not know their legal rights during the process. Advocate Ganta Surya Kiran at 19 Law Chambers explains both the serious consequences of drunk driving and the rights every person has during the checking process.

What the Law Says — Section 185 Motor Vehicles Act

Section 185 of the Motor Vehicles Act, 1988 specifically prohibits driving or attempting to drive a vehicle with blood alcohol content (BAC) exceeding 30 mg of alcohol per 100 ml of blood. Importantly, this limit is significantly stricter than many other countries. Furthermore, the law treats two categories differently first offence and repeat offence with substantially harsher penalties for repeat violations.

Penalties for Drunk Driving in India

First Offence: Imprisonment up to 6 months, fine up to Rs 10,000, or both. Furthermore, the offender’s driving licence is suspended for a period as determined by the licensing authority. Moreover, the vehicle can be impounded by police.

Second or Subsequent Offence Within 3 Years: Imprisonment up to 2 years, fine up to Rs 15,000, or both. Additionally, driving licence cancellation not mere suspension becomes a likely outcome for repeat offenders. Consequently, repeat drunk driving can permanently affect your ability to drive legally.

Causing Accident While Drunk: If drunk driving results in death or grievous hurt Section 304A IPC (causing death by negligence up to 2 years imprisonment) and Section 337/338 IPC (causing hurt by reckless act) apply additionally. Moreover, the enhanced punishment under these sections can run concurrently with the MV Act penalties.

Your Rights During a Drunk Driving Check

Knowing your rights prevents illegal actions by police during checking. Specifically:

Right to a Properly Calibrated Breathalyser: Police must use a government-approved, properly calibrated breathalyser device. Moreover, the device must have a valid calibration certificate. Consequently, results from an uncalibrated or malfunctioning device are legally challengeable.

Right to a Blood Test if You Dispute Breathalyser Results: Under Section 185 MV Act if you dispute the breathalyser result, you have the right to demand a blood test conducted by a qualified medical officer at a government hospital. Furthermore, the blood test result is more accurate and carries greater evidentiary weight in court. Importantly, police cannot refuse a blood test if you specifically request one.

Right to Know the Exact Reading: Police must inform you of the exact BAC reading on the breathalyser not just tell you that you “failed” the test. Moreover, demand a printout of the reading where the device provides one.

Right Against Self-Incrimination: You have the right to remain silent regarding the circumstances of your driving. Furthermore, nothing you say to police during the checking can be used as a confession in court. Consequently, do not make any verbal admissions about how much you drank.

Right to Contact an Advocate Immediately: From the moment of detention you have the right to contact your advocate. Moreover, do this before making any statement or signing any document. Read: Police Arrest Rights India.

What Happens After a Drunk Driving Detection

Step 1 — Breathalyser Test: Police administer the breathalyser at the checkpoint. Moreover, if the reading exceeds 30 mg/100 ml you are taken to the police station.

Step 2 — Police Station Proceedings: Police register a case under Section 185 MV Act. Furthermore, your driving licence is seized as evidence.

Step 3 — Court Appearance: Police present you before a Magistrate typically within 24 hours. Moreover, you can apply for bail before the Magistrate.

Step 4 — Trial: The case proceeds before the traffic Magistrate. Specifically, police present the breathalyser reading and other evidence. Your advocate challenges the evidence and presents your defence.

Step 5 — Licence Restoration: If acquitted or after serving the suspension period upon conviction apply for licence restoration through the licensing authority.

Defences Available in Drunk Driving Cases

Several technical and substantive defences exist in drunk driving cases. Specifically: the breathalyser was not properly calibrated or maintained, the blood test (if taken) was conducted improperly — improper blood collection, wrong preservative, or contamination, the reading was below the legal limit of 30 mg/100 ml and police misread the device, the vehicle was not actually moving at the time of detection, procedural violations by police — not following statutory checking procedure, and medical conditions causing false positives — certain medications and medical conditions can affect breathalyser readings.

Frequently Asked Questions

Q: Can police arrest me without a breathalyser test for suspected drunk driving?
Police can detain you for a breathalyser test if they have reasonable grounds to suspect you are under influence such as smell of alcohol, slurred speech, or erratic driving. However, arrest for the drunk driving offence specifically requires a positive breathalyser or blood test result. Consequently, demand the breathalyser test if you believe you are below the legal limit.

Q: My licence was seized for drunk driving. When will I get it back?
For first offenders — the licensing authority determines the suspension period. Furthermore, you can collect your licence from the RTO after the suspension period expires and the case is disposed of. Moreover, if acquitted apply immediately to the RTO for licence return. Read: Anticipatory Bail India for bail if arrested.

Q: Can a drunk driving case be compounded or settled?
Drunk driving under Section 185 MV Act is a compoundable offence meaning it can be settled with the court’s permission by paying the prescribed compounding fee. Consequently, first-time offenders with a positive breathalyser reading often compound the offence quickly and move on. However, cases involving accidents are not compoundable. Free legal aid: NALSA — nalsa.gov.in | Free Legal Aid in AP.

Also read: Motor Accident Claim India MACT | How to File FIR India | Best Criminal Lawyers Vizag

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