Drunken driving rules: Is some amount of alcohol permissible while driving? Does your insurance cover such mishaps?

Instances of drunk driving are increasing in India. Earlier this year, the Delhi Traffic Police released a report revealing that 12,468 individuals were charged with drunk driving in the first half of the year, compared to 9,837 cases last year.

According to the Motor Vehicles Act, 1988, driving a vehicle with a blood alcohol level exceeding 30 milligrams per 100 ml is considered drunk driving.

Section 185 of the Act specifies that individuals caught driving or attempting to drive under the influence could face a fine of up to Rs 10,000 and imprisonment for up to six months. Repeat offenders may face a fine of Rs 15,000 and imprisonment for two years.

Under the Indian Penal Code, 1860, causing death while driving under the influence is classified as a "rash or negligent act" and is punishable by up to two years in prison, a fine, or both, as outlined in Section 304A.

Under the Bharatiya Nyaya Sanhita 2023, the penalty for causing death due to drunken driving has been raised to mandatory imprisonment of up to five years, as well as a potential fine.

Additionally, if a driver, after injuring someone under the influence of alcohol, fails to report the accident to the authorities, they may face imprisonment for up to 10 years, along with a fine.

Furthermore, the penalty for causing serious injuries while driving drunk has been increased to imprisonment for up to three years or a fine of up to ten thousand rupees or both.

Does the law allow some amount of alcohol while driving?

In India, the legal blood alcohol concentration (BAC) limit for private vehicle drivers is set at 0.03% (equivalent to 30 mg of alcohol per 100 ml of blood). Commercial vehicle drivers are subject to a zero-tolerance policy, meaning no alcohol is allowed in their system while driving. Compliance with the specified BAC limit is essential to avoid being deemed to be driving under the influence according to the law. 

“For commercial vehicle drivers, the permissible limit is zero tolerance, meaning no alcohol in the system at all. If your BAC is within the legal limit, you are technically not considered to be driving under the influence (DUI) in the eyes of the law," Ramit Goyal, Chief Distribution Officer, Future Generali India Insurance told the Financial Express. 

Motor insurance policies

The Motor Vehicle Act of 1988 specifies consequences for drivers found operating a vehicle while under the influence of alcohol or alcohol-like substances. Penalties may include fines, suspension of driving privileges, and potential imprisonment in the event of severe accidents.

In India, most insurance policies, whether comprehensive or third-party, typically contain a provision regarding driving under the influence of alcohol. While some laws may permit a certain level of alcohol consumption, insurance policies often have a clause that denies coverage if the driver is determined to be under the influence of alcohol or drugs at the time of an accident.

Even if a driver is within the permissible blood alcohol concentration (BAC) limit, insurers may challenge a claim if alcohol is considered a contributing factor to the accident. This is due to the fact that alcohol can affect judgment, reaction time, and decision-making abilities, even when consumed within the legal limit.

“While the law might allow a certain amount of alcohol, insurance policies often include a clause that excludes coverage if the driver is found to be under the influence of alcohol or drugs at the time of the accident,” Goyal said.

“If the police find that you were driving under the influence, even at or below the legal limit, it might affect your insurance claim. Insurers often review the police report and evidence from the scene of the accident to determine whether alcohol was a contributing factor,” Goyal added.