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Drink Driving in India: Legal Limit, Fine, Licence, Insurance
Under section 185 of the Motor Vehicles Act, it is an offence to drive with more than 30 mg of alcohol per 100 ml of blood, found by a breath analyser or another test such as a laboratory test, or while drugs stop you controlling the vehicle. A first offence carries a ₹10,000 fine, up to 6 months in prison, or both; a repeat offence ₹15,000, up to 2 years, or both. If convicted, the court must disqualify you from driving for at least 6 months. In an accident, the insurer still pays the victim but can be allowed to recover the money from the owner.
- Limit
- 30 mg alcohol per 100 ml blood
- First offence
- ₹10,000, up to 6 months, or both
- Repeat
- ₹15,000, up to 2 years, or both
- Licence
- At least 6 months' disqualification on conviction
- Law
- Sections 185, 20, 19 and 203
On this page
What is the legal limit for drink driving?
Section 185 covers anyone who is driving or attempting to drive a motor vehicle and:
- has alcohol over 30 mg per 100 ml of blood (the BAC), detected by a breath analyser or any other test, including a laboratory test; or
- is under the influence of a drug to the point of not being able to control the vehicle properly.
"Drug" means any intoxicant other than alcohol, natural or synthetic, that the Central Government notifies, and it includes narcotic drugs and psychotropic substances under the NDPS Act, 1985.
There is no official number of drinks that keeps you under 30 mg. It depends on your body, the drink and the time, so the only safe plan is not to drive after drinking.
What happens if police stop you for a breath test?
YouPolice / courtFineLicence action
- You are stopped and asked to blow into a breath analyser
- Reading above 30 mg per 100 ml, or test refused?No: you can drive on
- The police can arrest you without a warrant and book a case under section 185
- The case goes before a court; a further test, such as a laboratory test, may be used
- If convicted: ₹10,000 fine, up to 6 months in prison, or both (more for a repeat)
- The court disqualifies your licence for at least 6 months
- Arrest: a police officer in uniform can arrest without a warrant anyone who commits a section 185 offence in their presence (section 202).
- Refusing the test: if you refuse or fail a breath test, the police may arrest you without a warrant, except while you are an indoor patient in a hospital (section 203).
- Keep the challan, case number and any test slip you are given. You will need them for the court and for the licensing authority.
Pending challans can also block your licence and RC services: since January 2026 an unpaid challan can be flagged "Not to be Transacted". See check, pay or contest a challan.
What is the fine and prison term for drink driving?
First offence
- A fine of ₹10,000, or prison for up to 6 months, or both.
- Disqualification for at least 6 months if the court convicts you.
- The conviction is endorsed (recorded) on your licence.
Second or later offence
- A fine of ₹15,000, or prison for up to 2 years, or both.
- Before 2019 the higher penalty applied only to a repeat within three years. The 2019 amendment removed that limit, so an old conviction still counts.
- The licensing authority can also treat you as a danger to the public and disqualify you or revoke the licence (see below).
| Offence | Fine | Prison | Section |
|---|---|---|---|
| Drink or drug driving, first offence | ₹10,000 | Up to 6 months | 185 |
| Drink or drug driving, repeat | ₹15,000 | Up to 2 years | 185 |
| Driving while disqualified | Up to ₹10,000 | Up to 3 months | 182(1) |
The Act allows a fine, prison or both; the court decides. These are the amounts in the Act as amended in 2019. The Jan Vishwas (Amendment of Provisions) Act, 2026 amends parts of the Motor Vehicles Act from dates the government notifies; the government summaries we read do not list a change to section 185. The challan or court order shows the amount that applies to you.
What happens to your driving licence?
Two different bodies can stop you driving, and both can act on the same incident.
The court, after a conviction
- For a section 185 conviction the court must order disqualification for not less than 6 months (section 20(2)). It can order longer.
- During that time you cannot hold or get any licence covered by the order, and your existing licence does not work (section 23).
- Filing an appeal does not pause the court's order unless the appeal court says so.
The licensing authority (RTO)
- Driving under the influence of drink or drugs is one of the acts the Central Motor Vehicles Rules (rule 21) treat as a nuisance or danger to the public. On that ground, and for a "habitual drunkard", the authority can disqualify you for a period or revoke the licence (section 19(1)), after giving you a hearing and a written order with reasons.
- If the police forward your licence to the authority under section 206(4), it can let you off, disqualify you for 3 months for a first offence, or revoke the licence for a second or later one (section 19(1A)).
- You can appeal the authority's order within 30 days (section 19(3)).
A disqualified licence comes back at the end of the period only after you complete a driver refresher training course (section 19(2)). For the difference between disqualification, suspension and revocation, appeals and getting the licence back, see licence suspension and disqualification.
Does insurance pay if the driver was drunk?
Third-party insurance exists to make sure an accident victim gets compensation. So even when the insurer has a defence against its own customer, the usual result is "pay and recover": the insurer pays the victim's award first, and the tribunal or court lets it recover that money from the vehicle's owner.
- The 2019 amendment to the Act lets a policy exclude a person "driving under the influence of alcohol or drugs as laid down in section 185", and it says the insurer must still pay the person entitled to the award, even where it may be entitled to avoid the policy.
- The Supreme Court (September 2025) and the Delhi High Court (March 2026) upheld orders for the insurer to pay the award with a right to recover it from the owner, where the policy was breached in other ways (no valid licence, no permit).
- The breach must be proved. In November 2024 the Delhi High Court set aside a tribunal's recovery order that rested on the driver "smelling of alcohol". It held that a person counts as intoxicated only if tested above 30 mg per 100 ml, and made the insurer pay the whole award.
You were hurt, or lost a family member
- Claim against the driver, the owner and the insurer before the Motor Accident Claims Tribunal (MACT). The driver's drinking does not stop your claim against the insurer.
- See what to do after an accident and accident compensation claims.
You own the vehicle (you, or someone else, drove)
- If the tribunal grants recovery rights, the insurer can recover from you what it paid the victim. That can be far more than any fine.
- Keep the test report, challan and court papers. If there is no proper test showing more than 30 mg, say so before the tribunal.
- Repairs to your own vehicle fall under your own-damage cover, so check its exclusions with your insurer. See motor insurance claims.
- The victim or family files a claim at the accident claims tribunal
- The tribunal decides the compensation
- The insurer pays the award to the victim
- Drink driving above 30 mg proved, and the policy excludes it?No: the insurer bears the full award
- The tribunal lets the insurer recover the amount from the owner
What can go wrong, and how do you fix it?
| Your situation | What it usually means | What to do |
|---|---|---|
| Your licence was taken at the checkpoint | It may be sent to the licensing authority or the court | Keep the challan or receipt and follow the notice. See licence seized by police. |
| A notice from the RTO proposes disqualification | Action under section 19 | Attend the hearing and give your side in writing. If an order is made, you can appeal within 30 days. |
| You drove during the disqualification | A separate offence | Up to ₹10,000 and/or 3 months (section 182(1)). Do not drive until the licence is returned. |
| The insurer wants to recover a claim from you | The tribunal granted recovery rights | Check the order and the evidence of the test result; take legal advice on an appeal. |
| Licence or RC service blocked | An unpaid challan ("Not to be Transacted") | Check, pay or contest the challan. |
| Your licence expired while it was held | Renewal still follows the normal rules | After it is returned, renew it. |
Frequently asked questions
What is the legal alcohol limit for driving in India?
30 mg of alcohol per 100 ml of blood, under section 185 of the Motor Vehicles Act.
What is the fine for drink driving?
For a first offence, a ₹10,000 fine, up to 6 months in prison, or both. For a repeat, ₹15,000, up to 2 years, or both.
Will my licence be suspended for drink driving?
If a court convicts you, it must disqualify you for at least 6 months. The licensing authority can also disqualify you or revoke the licence under section 19.
Can I refuse the breath test?
Refusing or failing it allows the police to arrest you without a warrant, unless you are an indoor patient in a hospital (section 203).
Does a repeat count if my first offence was years ago?
Yes. Since 2019 the higher penalty no longer depends on the repeat being within three years.
Does drug driving count?
Yes. Section 185 also covers driving under the influence of a drug to the point of not controlling the vehicle properly.
Will insurance pay if the driver was drunk?
The victim is still paid. If drink driving above the limit is proved and the policy excludes it, the tribunal can let the insurer recover the money from the owner.
Is the smell of alcohol enough to prove it?
In a 2024 insurance appeal, the Delhi High Court held it is not: a test showing more than 30 mg per 100 ml was needed.
Sources
- Transport Department, Assam – rules against drunk driving: text of section 185 and the 30 mg limit (accessed 26 Oct 2026)
- Motor Vehicles (Amendment) Act, 2019 – Gazette text (Transport Department, Chhattisgarh): sections 185, 182, 19 and 150 (accessed 26 Oct 2026)
- Motor Vehicles Act, 1988 (India Code): sections 19, 20 and 23 (accessed 26 Oct 2026)
- Central Motor Vehicles Rules, 1989 – rules 21 and 22 (copy published by the Comptroller and Auditor General of India; accessed 26 Oct 2026)
- Bengaluru Traffic Police – provisions of law: sections 202 and 203 (accessed 26 Oct 2026)
- Central Motor Vehicles (Third Amendment) Rules, 2026 – G.S.R. 48(E) (Gazette copy, Delhi Traffic Police): rule 167 (accessed 26 Oct 2026)
- Delhi High Court – MAC.APP. 112/2023, judgment of 14 Nov 2024: recovery rights, the 30 mg test (accessed 26 Oct 2026)
- Supreme Court – Civil Appeal 9669 of 2024, judgment of 24 Sep 2025: pay and recover (accessed 26 Oct 2026)
- Delhi High Court – MAC.APP. 511/2014, judgment of 10 Mar 2026: pay and recover (accessed 26 Oct 2026)
- PIB – Jan Vishwas (Amendment of Provisions) Bill, 2026 (4 Apr 2026): Motor Vehicles Act changes (accessed 26 Oct 2026)
Page history: 26 Oct 2026: first published.