A drunk driving challan is very different from an ordinary traffic fine. It’s a serious, non-compoundable offence that goes to court, and it can affect your licence and record. Here’s what to expect.
Penalty Under Section 185
| Offence | Penalty |
|---|---|
| First offence | ₹10,000 fine and/or imprisonment up to 6 months |
| Repeat offence (within 3 years) | ₹15,000 fine and/or imprisonment up to 2 years |
The legal limit is 30 mg of alcohol per 100 ml of blood, typically tested by breath analyser. The licence can also be suspended.
What Happens When You’re Caught
- Breath analyser test at the check point.
- If over the limit, police may seize the licence and sometimes the vehicle.
- A challan is issued and sent to court.
- You receive a date to appear before the court.
Can It Be Settled in Lok Adalat?
No. Drunk driving is non-compoundable, so it is not settled in the Lok Adalat, Evening Court or Weekend Court. It must go through the regular court process.
In Court
You appear before the magistrate, usually on the date given. The court decides the fine and any other penalty, and may order licence suspension. Getting your seized licence or vehicle back may need an application.
Your Rights
- To know the test reading and get a copy of the challan
- To legal representation
- To request a blood test in certain circumstances
- To appear through or with an advocate as permitted
Why Legal Help Matters
Because the consequences go beyond a fine, an advocate can help with appearance, release of the licence/vehicle and presenting mitigating factors. If you’ve received a notice, read court notice for traffic challan.
The Best Advice
Don’t drink and drive. Use a cab, designated driver or public transport. It protects lives – including yours.
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Get Free Challan Guidance →📞 Call +91 99712 84037Frequently Asked Questions
What is the drunk driving fine in Delhi?
₹10,000 and/or up to 6 months imprisonment for the first offence; ₹15,000 and/or up to 2 years for a repeat offence within 3 years.
Can a drunk driving challan be settled in Lok Adalat?
No. It is non-compoundable and goes through the regular court.
Will my licence be suspended for drunk driving?
The court or licensing authority can suspend the licence. Take legal advice on getting it back.
