Whoever, while driving, or attempting to drive, a motor vehicle,
[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, [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 [of ten thousand rupees], or with both; and for a second or subsequent offence, [***], with imprisonment for a term which may extend to two years, or with fine [of fifteen thousand rupees], or with both. [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.]
Legal Commentary & Landmark Judgments: Section 185
Section 185 of the Motor Vehicles Act, 1988 creates strict criminal liability for driving or attempting to drive a motor vehicle under the influence of alcohol or drugs, setting the statutory blood alcohol threshold at 30 mg per 100 ml.
Penalties include imprisonment for up to six months and/or a fine of ten thousand rupees for a first offence, and imprisonment for up to two years and/or a fine of fifteen thousand rupees for a repeat offence within three years. Police officers are empowered under Section 202 and Section 203 to arrest the offender without warrant and require breathalyzer and laboratory blood testing under Section 204.
Section 185 enforces a zero-tolerance policy against intoxicated driving. While criminal prosecution requires proof of exceeding the 30 mg/100 ml blood alcohol limit, insurance jurisprudence under Pearl Beverages allows insurers to repudiate own-damage coverage if medical records reveal that intoxication contributed to the crash. For third-party victims before the MACT, drunken driving by the tortfeasor establishes actionable negligence, with the insurer satisfying the award and recovering the sum from the intoxicated driver and owner.