Drunken driving: fine amount and rules
Last verified: 12 Aug 2026
What the law says
Section 185 applies to a person who, while driving or attempting to drive a motor vehicle, has alcohol exceeding 30 mg per 100 ml of blood detected by a breath analyser or any other test including a laboratory test, or who is under the influence of a drug to an extent that leaves him incapable of exercising proper control over the vehicle. The 2019 amendment raised the first-offence fine from ₹2,000 to ₹10,000 and the subsequent-offence fine from ₹3,000 to ₹15,000, and deleted the earlier requirement that a repeat offence fall within three years of the previous one. 'Drug' is defined to include narcotic drugs and psychotropic substances under the NDPS Act 1985.
Fine amounts
| Amount | |
|---|---|
| First offence | First offence: imprisonment up to 6 months, or a fine of ₹10,000, or both |
| Repeat offence | Second or subsequent offence: imprisonment up to 2 years, or a fine of ₹15,000, or both — and, unlike before 2019, there is no three-year window, so any earlier conviction counts |
| Licence impact | Section 206(4) obliges the officer to seize the driving licence of a driver believed to have committed a Section 185 offence and forward it to the licensing authority for disqualification or revocation proceedings under Section 19. The temporary acknowledgement issued in exchange does not authorise the holder to drive. |
| Payable online | Usually requires court appearance |
States with different notified amounts
| State | Amount |
|---|---|
| Delhi | Court challan — Delhi notifies no compounding amount for 'Drunken Driving' under 185 MVA; the final amount is subject to the discretion of the Hon'ble court |
| Maharashtra | Not compoundable — Section 185 appears nowhere in the state compounding schedule, which steps straight from 184 to 186. There is no amount at which it can be settled out of court |
| Uttar Pradesh | Not compoundable in Uttar Pradesh — s.185 is absent from the state's section-200 compounding schedule, so it cannot be settled by paying the officer or paying online; the challan goes to court. |
Related
Frequently asked questions
Can a drunken driving challan be paid online?
No. Section 200 lists the offences that may be compounded and Section 185 is not among them, so a drunken driving case cannot be settled by paying a compounding amount — it has to go before a court. Delhi's published schedule marks drunken driving under 185 MVA as a '*Court challan' with no fixed amount, the note explaining that the final amount is at the court's discretion.
What is the legal alcohol limit for driving in India?
Section 185(a) fixes the threshold at alcohol exceeding 30 mg per 100 ml of blood, detected by a breath analyser or any other test including a laboratory test. The 2019 amendment added the words 'or in any other test including a laboratory test' so that a blood test result also brings the section into play.
Does refusing a breath test help?
No. Section 203 empowers a police officer in uniform, or an authorised Motor Vehicles Department officer, to require a breath test in the circumstances the section sets out, and Section 205 allows the court to presume unfitness to drive where a person prosecuted under Section 185 refused a test when required and offered no reasonable excuse.
Sources
- www.indiacode.nic.in — https://www.indiacode.nic.in/show-data?actid=AC_CEN_30_42_00009_198859_1517807326286§ionId=28461§ionno=185&orderno=205
- www.indiacode.nic.in — https://www.indiacode.nic.in/show-data?actid=AC_CEN_30_42_00009_198859_1517807326286§ionId=28477§ionno=200&orderno=231
- www.indiacode.nic.in — https://www.indiacode.nic.in/show-data?actid=AC_CEN_30_42_00009_198859_1517807326286§ionId=28483§ionno=206&orderno=237
- www.indiacode.nic.in — https://www.indiacode.nic.in/show-data?actid=AC_CEN_30_42_00009_198859_1517807326286§ionId=28480§ionno=203&orderno=234
- www.indiacode.nic.in — https://www.indiacode.nic.in/show-data?actid=AC_CEN_30_42_00009_198859_1517807326286§ionId=28482§ionno=205&orderno=236
- traffic.delhipolice.gov.in — https://traffic.delhipolice.gov.in/traffic-offences
- vcourts.gov.in — https://vcourts.gov.in/virtualcourt/
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