Motor Vehicles Act Section 185 — Driving by a drunken person or by a person under the influence of drugs

Summary

Clause (a) covers a person who, while driving or attempting to drive a motor vehicle, has alcohol in their blood exceeding 30 mg per 100 ml of blood, as detected by a breath analyser or any other test, including a laboratory test.

Clause (b) covers a person who, while driving or attempting to drive a motor vehicle, is under the influence of a drug to such an extent that they are incapable of exercising proper control over the vehicle.

For the first offence under either clause, the punishment is imprisonment for a term that may extend to six months, or a fine of ten thousand rupees, or both.

For a second or subsequent offence, the punishment is imprisonment for a term that may extend to two years, or a fine of fifteen thousand rupees, or both.

The explanation defines the term "drug" for this section. It means any intoxicant other than alcohol, whether natural or synthetic, or any natural material, or any salt or preparation of such substance or material that the Central Government may notify under this Act. It also includes a narcotic drug and psychotropic substance as defined in clauses (xiv) and (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Official Text

Whoever, while driving, or attempting to drive, a motor vehicle,— 6[

(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, 7[or in any other test including a laboratory test,] 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 for the first offence with imprisonment for a term which may extend to six months, or with fine 8[of ten thousand rupees], or with both; and for a second or subsequent offence, 9*** with imprisonment for term which may extend to two years, or with fine 10[of fifteen thousand rupees], or with both. 11[Explanation.—For the purposes of this section, the expression “drug” means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985).]

Referred to by

• Motor Vehicles Act §20 — Power of Court to disqualify
• Motor Vehicles Act §22 — Suspension or cancellation of driving licence on conviction
• Motor Vehicles Act §150 — Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks
• Motor Vehicles Act §188 — Punishment for abetment of certain offences
• Motor Vehicles Act §202 — Power to arrest without warrant
• Motor Vehicles Act §203 — Breath tests
• Motor Vehicles Act §205 — Presumption of unfitness to drive
• Motor Vehicles Act §206 — Power of police officer to impound document

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• S. RAJASEEKARAN vs UNION OF INDIA & ORS — Supreme Court of India (2014)
• ALISTER ANTHONY PAREIRA vs STATE OF MAHARASHTRA — Supreme Court of India (2012)