Drunk and drive case in Bengaluru: fine, court date and licence suspension

You were stopped at a checkpoint, blew into the breath analyser, and the reading was over the limit. The police kept your vehicle, maybe your licence too, and gave you a slip with a case number. The drunk and drive fine is not paid on the spot like a signal jump. It is a case that goes to a magistrate, and the court decides the fine.

For a first offence under Section 185 of the Motor Vehicles Act, the law since 1 September 2019 provides imprisonment of up to six months, or a fine of ₹10,000, or both. For a second or later offence it is up to two years, or a fine of ₹15,000, or both. In most first-time cases in Bengaluru, people plead guilty and pay the fine. Jail is possible, but it is not the usual outcome for a first offence with no accident.

Separately, the RTO can suspend your driving licence. That is a different process from the court case, and it is the part many people forget about.

Keep the slip the police give you at the checkpoint. It has the details you need to trace the case later.

What Section 185 actually says

The offence is driving, or attempting to drive, with more than 30 mg of alcohol per 100 ml of blood, detected by a breath analyser or another test, including a laboratory test. It also covers driving under the influence of a drug to the point where you cannot control the vehicle properly.

Before the 2019 amendment, the fine was up to ₹2,000 for a first offence. Many older websites still show that figure. It is out of date.

Section 202 of the same Act allows a police officer in uniform to arrest a person committing this offence in their presence. If you are arrested, the law requires a medical examination by a registered medical practitioner within two hours, or you must be released. In practice, most people stopped at Bengaluru checkpoints are not taken into custody. The vehicle is seized and a case is registered.

What happens at the checkpoint

The usual sequence in Bengaluru is:

1. The breath analyser test. The machine prints or records the reading.
2. The police register a case under Section 185 and note your details.
3. The vehicle is seized and taken to the traffic police station.
4. Your driving licence may be seized so it can be sent to the RTO.
5. You get a receipt or slip with the case details and the traffic police station name.

If someone sober with a valid licence is with you, ask whether they can take the vehicle. The officer decides this. Do not argue or offer money at the spot. That creates a far bigger problem than the drunk and drive case.

The court date and paying the fine

The traffic police file the case before a Metropolitan Magistrate traffic court in the city. You will be told the date, or you can find it by checking with the traffic police station that booked you. Our guide on drunk and drive case status shows how to trace the case online.

On the date:

• the magistrate reads out the charge
• you can plead guilty, and the court imposes the fine (and, rarely, a short sentence)
• or you can plead not guilty, and the case goes to trial

Most first-time cases end on the first date with a guilty plea and payment of the fine at the court. You get a receipt. Keep it.

Some traffic cases in Karnataka are sent to the virtual court, where an uncontested fine can be paid online through vcourts.gov.in. Whether your case is there depends on how it was filed. Check the current site with your vehicle number or challan number before you go to court, and do not pay the same case twice.

Getting your vehicle back

The vehicle is generally released once you show the court receipt at the traffic police station that seized it. Carry:

• the court fine receipt
• the RC (registration certificate) of the vehicle
• your ID proof
• insurance and pollution certificate, since the police may check them

If the vehicle belongs to someone else, such as a parent or a company, the owner may need to come or give an authorisation letter.

Licence suspension by the RTO

This runs separately from the court. The police can seize your licence and forward it to the licensing authority (the RTO). Under Section 19(1A) of the Act, when a licence is forwarded for a drunk driving offence, the licensing authority can, after giving you a hearing, disqualify you from holding a licence for three months for a first offence, and revoke it for a second or later offence.

Bengaluru traffic police have said in news reports that they send seized licences to the RTO for suspension, though in practice only a part of the licences in drunk driving cases end up suspended. If you get a notice from the RTO, attend the hearing. You can appeal an order under Section 19 within 30 days.

Driving while your licence is suspended is a separate offence. Do not do it.

When to talk to a lawyer

For a plain first offence where you want to plead guilty and pay, many people manage on their own. Talk to an advocate first if:

• there was an accident or someone was hurt, because other sections of the Bharatiya Nyaya Sanhita (BNS) can be added and the case becomes much more serious
• this is a second offence, where jail is a real possibility
• you think the test was wrong, or no proper test was done
• you hold a commercial, transport or school vehicle licence, or the case may affect a job or visa
• the police took your licence and the RTO has sent a notice

A guilty plea is a conviction on your record. If you have reasons to contest, decide before the first date. Our criminal lawyer in Bangalore page covers the kinds of cases we take up, and lawyer fees in Bangalore explains how fees are usually quoted.

Questions people ask

What is the drunk and drive fine in Bangalore for a first offence?

Under Section 185 of the Motor Vehicles Act, a first offence carries a fine of ₹10,000, or imprisonment of up to six months, or both. The magistrate decides the actual sentence.

Can I pay the drunk and drive fine online?

Only if the case has been sent to the virtual court or shows up as payable on the official challan portal. Most drunk driving cases in Bengaluru are dealt with in the traffic court, so check before you pay.

Will my licence be suspended for drunk driving?

It can be. The licence is forwarded to the RTO, which can disqualify you for three months for a first offence after a hearing, and revoke it for a repeat offence.

What is the alcohol limit for driving in India?

30 mg of alcohol per 100 ml of blood, measured by a breath analyser or a blood or laboratory test.

Is drunk driving a criminal case?

Yes. It is an offence that is tried by a magistrate. If you plead guilty and pay the fine, it is recorded as a conviction.

This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.