Arrested for Drink and Drive in Delhi?
Being stopped at a checkpoint or arrested for drunk driving is frightening, and the consequences — fines, licence suspension and even imprisonment — are serious. We handle drink and drive cases before the Magistrate courts and District Courts of Delhi and the Delhi High Court.
What Is a Drink and Drive Offence Under Indian Law?
Driving under the influence is an offence under Section 185 of the Motor Vehicles Act, 1988, made stricter by the 2019 amendment. The permissible limit is 30 mg of alcohol per 100 ml of blood, measured by a breath analyser. Exceeding it is an offence even if no accident occurs.
Delhi Traffic Police run regular breath-analyser checks across the city, especially late at night and on weekends.
Penalties Under Section 185
First Offence
Imprisonment of up to six months, a fine of up to ₹10,000, or both.
Repeat Offence Within 3 Years
Imprisonment of up to two years, a fine of up to ₹15,000, or both.
Driving Licence
The licence can be suspended or cancelled by the authorities.
Accidents
Where injury or death is caused, more serious charges can follow under the Bharatiya Nyaya Sanhita, 2023.
Why You Should Speak to a Lawyer Early
A drink and drive case is a criminal prosecution, not a routine traffic matter. Its effects can include:
- A criminal record
- Suspension or loss of your driving licence
- Problems in job background checks and visa applications
- Rejection of insurance claims
- Heavier charges where an accident is involved
How We Can Help
- Bail applications
- Representation before the Magistrate and Delhi High Court
- Challenging lapses in testing and arrest procedure
- Licence suspension and restoration
- Defence strategy for repeat offences
- Accident-related cases
- Guidance on evidence and court procedure
Our Process
- 01
Consultation
We hear your side and review your papers in confidence.
- 02
Strategy
We explain your options, timeline and likely costs.
- 03
Action
We draft, file and appear for you at every hearing.
- 04
Resolution
We follow through to settlement, order or appeal.
Drink & Drive — Frequently Asked Questions
What is the penalty for drunk driving?
For a first offence, imprisonment of up to six months, a fine of up to ₹10,000, or both. For a repeat offence within three years, imprisonment of up to two years, a fine of up to ₹15,000, or both.
Do I have to appear in court?
Usually yes, on the date mentioned in the challan. A lawyer can guide you on the plea and the documents to carry.
Will my driving licence be suspended?
The licensing authority has the power to suspend a licence for drunk driving. The period depends on the facts and on any earlier offences.
This page gives general information about the law in India and is not legal advice. Please consult an advocate about your specific situation.