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MVA 1988 (Amended 2019)ORIGINALChapter IX
Section 185
Driving by a Drunken Person or by a Person Under the Influence of Drugs
Offences, Penalties and Procedure
Fine: ₹10,000 / ₹15,000Compoundable: NoEndorsement: Yes
BARE ACT PROVISION
Legal Text
Whoever, while driving, or attempting to drive, a motor vehicle — (a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser; or (b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees, or with both: Provided that if such person had previously been convicted of an offence under this section, he shall be punishable with imprisonment for a term which may extend to two years, or with fine of fifteen thousand rupees, or with both.
Simplified Explanation
Section 185 is India's driving under the influence (DUI) provision — among the most consequential traffic provisions for individual drivers. The blood alcohol content (BAC) limit is 30 mg per 100 ml of blood — significantly stricter than the UK (80 mg/100 ml), Australia (50 mg/100 ml), and many other countries, but slightly more permissive than countries with zero-tolerance policies. The 30 mg/100 ml limit means even a small amount of alcohol (1-2 standard drinks for most people) will put a driver over the legal limit. Drug impairment is covered separately — any drug that impairs vehicle control constitutes an offence, covering narcotics, prescription medications affecting alertness, and over-the-counter medicines causing drowsiness. The penalty structure is graduated: first offence — ₹10,000 or 6 months; second offence — ₹15,000 or 2 years. The 2019 Amendment dramatically increased penalties (from ₹2,000 to ₹10,000 for first offence) and the non-compoundable nature means every DUI arrest must go to court. Licence suspension under Section 20 is also regularly ordered by courts on DUI conviction.
Historical Context
Drunk driving is estimated to contribute to approximately 4% of road fatalities in India directly — the actual contribution to accidents through impaired driving across a broader range of BAC levels is believed to be much higher. India's strict 30 mg/100 ml limit (stricter than many Western countries) reflects a cultural and policy decision to adopt a near-zero-tolerance approach to alcohol and driving.Critical Changes
First offence fine: ₹2,000 → ₹10,000 (5x increase) — 2019 Amendment.
Subsequent offence: ₹3,000 → ₹15,000 — 2019 Amendment.
Non-compoundable — court appearance mandatory.
Licence suspension regularly ordered under Section 20 on conviction.
Breath analyser test mandatory on police demand — refusal is a Section 179/185 offence.
Practical Scenarios
"A driver with BAC 45 mg/100 ml (above 30 mg limit) stopped at a Mumbai checkpoint — Section 185, ₹10,000 + potential licence suspension."
"A second DUI conviction — ₹15,000 + potential 2 years imprisonment + licence disqualification."
"A driver who refuses a breathalyser test — Section 179/185 violation."
Common Queries
Section 185 sets the BAC limit at 30 mg per 100 ml of blood — detected by a breath analyser test. This is stricter than most Western countries. Even 1-2 standard drinks can exceed this limit for many people.
Under Section 185 (as amended 2019): ₹10,000 fine or 6 months imprisonment for the first offence; ₹15,000 or 2 years imprisonment for a second offence. It is non-compoundable — a court appearance is mandatory.
Refusing a breath analyser test when demanded by a police officer is itself an offence under Section 179/185 and is treated as an admission of intoxication in many courts. It is not advisable to refuse the test.
Courts regularly order licence suspension under Section 20 on DUI conviction. The disqualification period varies — typically 3-6 months for a first offence, longer for subsequent offences. The licensing authority may also independently disqualify under Section 19.