Drink and Drive Challan – Case Fine Punishment India

Drink and Drive Challan/Fines in India

Drink and driving is a dangerous and reckless act that has caused countless accidents and deaths on Indian roads. Not only it is a criminal offense, but also risks many innocent lives. To deter people from driving under the influence of alcohol, the government has imposed strict fines and penalties for traffic offenders.

The Motor Vehicles Amendment Act, 2019, which came into effect on September 1, 2019, has significantly increased the penalty amount for drunk driving. The act has amended the Motor Vehicles Act of 1988 and has increased the fine for drunk driving to Rs. 10,000 from the previous Rs. 2,000. In addition to the fine, the offender may also face imprisonment of up to six months for the first offense and up to two years for subsequent offenses.

What will happen if you get caught for drunk driving in India?

If your vehicle is stopped by traffic police for suspected drunk driving, then you will be asked to take a blood alcohol concentration (BAC) test. The test is to check how intoxicated you are, i.e. the amount of alcohol in your blood. To complete the test, you will be asked to blow into a Breathalyzer. And if the result of the test shows that the value of alcohol in your blood exceeds 30mg per 100ml of blood, it then signifies that you have exceeded the permitted limits of consuming alcohol and will be held liable for driving under the influence of alcohol, putting yours and others life at risk. 

Then you will be issued a drink and drive challan for the fine to be paid. The traffic police officers are also authorized to seize the vehicle.

The Drink and Drive Fines in India

The new law also imposes stricter penalties for driving under the influence of drugs. The fine for such an offense has been increased to Rs. 10,000 from the previous Rs. 2,000. The offender may also face imprisonment of up to six months for the first violation.

For the second offense, the fine is Rs. 15,000, and/or you can also have to face up to 2 years of imprisonment. All repeat offenders may also be charged with heavy penalties pertaining to their driving license. The penalty amount for drink and driving is the same for all types and categories of vehicles, including two-wheeler, four-wheeler, and commercial vehicles. 

The law also holds the bar or pub owner responsible for any accident caused by a drunk driver, who was served alcohol at their establishment. The bar or pub owner may face a fine of up to Rs. 50,000 and imprisonment of up to three years for such an offense.

The Indian government has also introduced a new provision for the suspension or cancellation of the offender’s driving license if caught doing drunk driving. The license may be suspended or canceled for a period of up to three months for the first offense and up to two years for subsequent offenses.

Drink and Drive Fines Statewise

How to pay the fine for drunk driving?

For online payments

• Visit the official online portal of your respective state transport department. 
• Click on either ‘Traffic Violation Payment’ or ‘Payment of e-Challan’. 
• Following this, enter the vehicle registration number or challan number. 
• Confirm the captcha and proceed to the next page. 
• The challan payment can be made via debit/credit cards, UPI, or e-wallets. 
• Upon successful payment of the challan, a confirmation receipt will be sent to the registered mobile number. One must show the receipt at the traffic police station to release their vehicle. 

Note: It is important that you must carry your driver’s license, along with a copy of the vehicle’s insurance and registration certificate while visiting the police station. 

For offline payments

For paying the drunk driving challan offline, one needs to visit their nearby traffic police station. Show your challan and ask the officials for the amount you are liable to pay for the impending fine. The penalty amount must be paid, which will depend on the severity of the violation. Once the fine is paid a confirmation receipt will be provided to you. 

Drink and Drive Alcohol Limit in India

In India, driving under the influence or drunk driving limit is defined as having more than
30 mg of alcohol per 100 ml of blood as per the BAC test. The test is designed to check how
intoxicated you are, and for that, you will be asked to blow into a Breathalyzer. If it is found
that the driver has exceeded the permitted limits of consuming alcohol, then he/she will be
held liable for driving negligence, putting self and others’ life at risk.

The statement also holds true for anyone who is driving under the influence of a drug up to
the point where they are unable to control the vehicle. Individuals crossing the drink and
driving alcohol limit in India will be issued a traffic challan. In some cases, the traffic police
officers are also authorized to seize the vehicle.

Drink and Drive case punishment

Under Section 185 of The Motor Vehicles Act, of 1988, drinking and driving is a punishable
offence in India. Previously, according to the Motor Vehicle Act, a person driving while
intoxicated for the first offence will be charged with imprisonment for up to six months
and/or a fine of up to two thousand rupees. If the crime is committed again within a period
of three years of a similar offence, the defaulter will be charged with imprisonment for up
to two years and/or a fine of three thousand rupees.

However, under amendments to the Motor Vehicles Act passed in 2019, the penalty amount
has significantly increased for violating traffic laws, including drunk driving. Now, the fine
for driving under the influence of alcohol for a first-time offence is Rs.10, 000 and/or
imprisonment of up to 6 months. And for the subsequent (second-time) offence, the penalty
amount is Rs. 15,000, imprisonment of up to 2 years, or both.

Drink and Drive accident case punishment in India

It’s no surprise that drinking and driving continue to create chaos in India. Every single
day, there are multiple cases reported of accidents and fatalities caused due to people
driving in a drunken state.

In 2017, a parliamentary panel in India suggested that a drunk driver who causes accidents
or the death of an individual unintentionally should be held guilty of homicide. It is also
stated that an accident caused by a drunk driver must be treated and filed as a planned
crime rather than just an act of negligence.

Currently, in most cases where drunk driving causes death, the accused is charged under
Motor Vehicle Act 185, section 304 A (causing death by negligence), and 279 (for rash
driving) of the Indian Penal Code (IPC). People booked under these charges are punishable
by either a two-year prison sentence, a heavy penalty amount (Rs. 10, 000), or both.
However, still, there has been much debate about the laws, where affected families ask for
strict enforcement.

How to avoid drunk driving fines?

• Make sure you avoid drinking if you plan on driving afterwards.
• Book a cab, taxi, or auto to take you home, if you are drunk.  
• If you are going out for a party, leave your car at home. It will automatically force you to take a different mode of transport to reach home.
• If you are drunk, stay overnight with a friend or a relative. You can even ask someone sober to drop you home. 
• If you are going out as a group of friends, pick a designated driver or hire someone who won’t be drinking. 

Conclusion

In addition to the fines and penalties, the government has also launched several campaigns to raise awareness about the dangers of drink and driving. These campaigns have been aimed at educating people about the risks of driving under the influence of alcohol and the severe consequences of such actions.

While the new fines and penalties have been criticized by some for being too harsh, they have been welcomed by many as a necessary measure to reduce the number of accidents and deaths caused by drunk driving. It is important to remember that driving under the influence of alcohol is not only illegal but also puts the lives of other road users at risk.

In conclusion, the increase in fines and penalties for drunk driving in India is a positive step towards creating safer roads for all. It is essential for everyone to be aware of the dangers of drunk driving and to act responsibly to ensure the safety of themselves and others on the road.