Drink and Drug Driving: The Limit, Tests and Penalties

Alcohol slows your reactions, narrows your vision and makes you feel more confident than you are, all at the same time. Many drugs, including some prescription and over-the-counter medicines, do the same. Indian law sets a low limit for alcohol, gives the police wide powers to test, and treats drink and drug driving as a criminal offence that can cost you your licence.

What the law says

• The limit: it is an offence to drive, or attempt to drive, with more than 30 mg of alcohol per 100 ml of blood, detected by a breath analyser or any other test, including a laboratory test (Section 185 of the Motor Vehicles Act, 1988).
• Drugs: it is also an offence to drive while under the influence of a drug to such an extent that you cannot exercise proper control of the vehicle (Section 185).
• Penalty: up to 6 months in prison, a fine of up to ₹10,000, or both. For a repeat offence within 3 years: up to 2 years in prison, a fine of up to ₹15,000, or both (Section 185).
• Your licence: the police must seize the licence of a driver they believe has committed this offence and send it to the licensing authority (Section 206(4)). The authority can disqualify you for three months for a first offence and revoke the licence for a repeat (Section 19(1A)).
• Arrest: the police can arrest a driver for this offence without a warrant (Section 202).
• Everyone in the vehicle: drivers must obey the laws on alcohol and drugs and make sure their passengers and crew do too (Regulation 5 of the Motor Vehicles (Driving) Regulations, 2017).

Breath and blood tests

• a uniformed police officer, or an authorised Motor Vehicles Department officer, can ask you for a breath test if there is reasonable cause to suspect drink or drug driving, including after a crash in a public place (Section 203);
• if the breath test shows alcohol, or you refuse it, you can be arrested and asked for a blood sample for a laboratory test (Sections 203 and 204);
• refusing a test without a good reason can be used as evidence against you in court (Section 205). Refusing does not help; and
• stay calm and polite, follow the officer's instructions, and ask for a printout or record of the result if one is available.

How much is too much?

There is no safe amount you can count on. The same drink affects people very differently depending on body weight, food, tiredness, medicines and how fast you drink. A single strong drink can take some people close to or over 30 mg/100 ml, and your judgement is affected well before that.

• The morning after: your body removes alcohol slowly, roughly one standard drink an hour. Sleep, coffee, a cold shower or food do not speed it up. After a late night of heavy drinking you can still be over the limit at breakfast;
• "I feel fine" means nothing: alcohol makes you feel more capable while making you less capable; and
• bhang, ganja and other drugs slow reactions and distort judgement of speed and distance. Mixing any of them with alcohol is much worse than either alone.

Medicines

• some cough syrups, cold and allergy tablets (antihistamines), sleeping pills, painkillers and anxiety medicines cause drowsiness. Read the label and the leaflet;
• if it says it may cause drowsiness, or "do not drive or operate machinery", do not drive until you know how it affects you;
• ask your doctor or pharmacist whether it is safe to drive on a new medicine, and never stop a prescribed medicine on your own just to drive; and
• never mix medicines with alcohol.

Plan your way home

• decide before you go out: a driver who does not drink, a taxi or app cab, public transport, or staying the night;
• keep the cab app and some money ready so cost is never the excuse;
• if a friend has been drinking, take the keys, call them a cab or drive them yourself if you are sober. You may save their life and someone else's; and
• never ride as a passenger with a driver who has been drinking (see Passengers).

Two-wheelers

Alcohol hits balance and coordination first, so riders are at even greater risk than car drivers. A rider who has been drinking is more likely to fall at low speed, misjudge a bend and be badly hurt. The same limit and penalties apply to riders (see Rule 15).

Common mistakes

Remember