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

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

1[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, 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 a fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with a fine which may extend to three thousand rupees, or with both.

Explanation.—For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.

Simplified Explanation

Section 185 of the Motor Vehicles Act addresses the offence of driving under the influence of alcohol or drugs. This section makes it illegal for any person to drive a vehicle when they are intoxicated beyond the prescribed limits or under the influence of drugs, as this significantly increases the risk of accidents and endangers public safety.

Overview of Section 185

Section 185 applies to individuals driving under the influence of:

1. Alcohol, with blood alcohol content exceeding the legally permissible limit.
2. Drugs, where the driver is impaired to the extent that they cannot control the vehicle safely.

Key Elements of Section 185

1. Driving Under the Influence of Alcohol:
   • A person is guilty of an offence if they drive or attempt to drive a motor vehicle while under the influence of alcohol and their blood alcohol concentration exceeds the prescribed limit.
   • The legal blood alcohol limit, as defined under Indian law, is 0.03% (30 mg of alcohol per 100 ml of blood).
2. Driving Under the Influence of Drugs:
   • A person is guilty of an offence if they drive or attempt to drive a motor vehicle while under the influence of drugs (other than those prescribed for medical reasons) and their ability to drive safely is impaired.
   • The offence applies when the person’s faculties are so affected by drugs that they are unable to exercise proper control over the vehicle.
3. Penalties for First-Time Offenders:
   • For a first-time offence of driving under the influence of alcohol or drugs, the penalty is:
     • Imprisonment for a term up to six months, or
     • A fine up to ₹10,000, or
     • Both imprisonment and a fine.
4. Penalties for Subsequent Offences:
   • For a second or subsequent offence committed within three years of the previous conviction, the penalties are more severe:
     • Imprisonment for a term up to two years, or
     • A fine of up to ₹15,000, or
     • Both imprisonment and a fine.
5. Detection and Enforcement:
   • Law enforcement officers are authorized to conduct breathalyzer tests or other tests to determine the level of alcohol in a driver’s bloodstream. If the driver is suspected of being under the influence of drugs, they may be subjected to medical tests.
   • Field sobriety tests or breath tests are commonly used to check drivers for intoxication.
6. Refusal to Submit to Testing:
   • Refusal to undergo a breath test or a medical examination when requested by law enforcement authorities may result in the same penalties as driving under the influence, as it indicates non-compliance with legal checks.

Practical Implications

• Public Safety: Section 185 is a key provision aimed at ensuring road safety by deterring individuals from driving while intoxicated. Driving under the influence of alcohol or drugs is one of the leading causes of road accidents, and this section seeks to minimize such incidents.
• Deterrence: The severe penalties for driving under the influence, including fines and imprisonment, serve as a deterrent to reckless behavior. The escalating penalties for repeat offences further discourage habitual offenders.
• Testing and Enforcement: The provision allows law enforcement officers to conduct tests to determine if a driver is intoxicated, ensuring that impaired drivers are identified and penalized. This promotes accountability and ensures that the roads are safer for all users.
• Impact on Driving Privileges: In addition to fines and imprisonment, individuals convicted of driving under the influence may face other penalties such as suspension of their driving license, adding another layer of deterrence.
• Focus on Impairment: Section 185 addresses not only alcohol intoxication but also drug-related impairment, ensuring that any substance affecting a driver’s ability to safely control the vehicle is covered under the law.

Conclusion

Section 185 of the Motor Vehicles Act prohibits driving under the influence of alcohol or drugs, imposing strict penalties for offenders, including fines, imprisonment, and potential license suspension. This section aims to improve road safety by deterring individuals from driving while impaired and reducing the risk of accidents. By holding drivers accountable for their actions, Section 185 plays a crucial role in ensuring that roads are safer for everyone.