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Drunk driving can be lethal for anyone on the road. To curtail this danger, the Government has made stricter rules under Section 185 of the Motor Vehicle Act. Punishments under Section 185 of the MVA include a fine of ₹10,000 or imprisonment of up to 6 months or both. Subsequent offences can lead to a fine of ₹15,000 or imprisonment of up to 2 years. 

 

The fines have been raised by 500% to deter people from putting lives in danger. A criminal case can also be filed in case of damage to another person or their property. 

 

Remember the simple motto: ‘Do not drink and drive!’

 

If you are found guilty under Section 185 of the Motor Vehicles Act, you will have to face imprisonment of up to six months, a fine of ₹10,000, or both. For subsequent offences, the punishment is imprisonment of up to two years, and a fine of ₹15,000, or both. Earlier, the 185 MV Act fine was ₹2,000 for the first offence and for the subsequent offence it was ₹3,000. It was increased in 2019 through the Motor Vehicles Act 2019.

 

Moreover, for Section 185 specifically, an individual is considered incapable of controlling a motor vehicle after consumption of the drugs stated in the act. Apart from this, you can be held liable for an offence under Section 184 of the Motor Vehicles Act - for driving dangerously. 

 

The punishment under the same is imprisonment of up to six months, a penalty of ₹10,000 or both for the first offence. For subsequent offences, the imprisonment term is of up to two years, a penalty of ₹15,000, or both.

 

Also, in case you are speeding or racing your vehicle, the punishment is imprisonment for a specific term or having to pay a penalty of ₹5,000 for the first offence and ₹10,000 for the subsequent ones. 

 

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Drunk Driving – The Alcohol Limit in India

It is needless to say that drinking and driving should be strictly avoided. The legal limit of permissible alcohol quantity in a driver’s system in India is 30 mg per 100 ml of blood. This means that if you are found with more than 30 mg of alcohol per 100 ml of blood and it is detected in the breathalyser, you will be termed guilty. 

 

Coming to the legal drinking age in India, it varies between 18 years and 25 years for different states, while some states have a complete ban on alcohol. States such as Goa, Himachal Pradesh, Karnataka, and others have a legal drinking age of 18 years. On the other hand, places like Delhi, Haryana, and others have 25 years as the legal age, while it's 21 years in some states. Alcohol consumption is completely banned in the states of Gujarat, Bihar, Manipur, Nagaland, and the union territory of Lakshadweep.

FAQs on Section 185 MV Act

What is the penalty for drunk driving in India?

As per the New Motor Vehicles Act, 2019, the drunk driving penalty in India is ₹10,000 and/or imprisonment of up to six months for the first offence. For consecutive offences, the penalty is INR 15,000 and/or imprisonment of up to two years.

What is drink and drive according to the Indian Penal Court?

According to the Indian Penal Court (IPC) Section 185 of the Motor Vehicles Act, an individual driving a vehicle under the influence of alcoholic substances, above the prescribed limit, will be held guilty for the same.

What is the alcohol limit for drinking and driving?

The legal blood alcohol content (BAC) is 0.03% or 30mg in 100ml blood.

What is the legal drinking age in India?

The legal drinking age in India varies between 18 years to 25 years.

In which states of India alcohol consumption is completely banned?

Alcohol consumption is banned completely in Gujarat, Bihar, Manipur, Nagaland, and the union territory of Lakshadweep.

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