Signal #002 — The Drunk Driving Deep-Dive
What actually happens when a breath analyser is used. Why Section 185 is not compoundable. The difference between 'drunk' and 'under influence'. A Rajasthan HC ruling that changed how police can conduct checknakas.
Supreme Court upholds mandatory alcometer testing at night checkpoints
The Supreme Court confirmed that police can conduct alcometer checks at designated checkpoints without prior individual suspicion — the checknaka itself is sufficient legal basis. However, the court also ruled that officers must be trained and certified, and the device must have a valid calibration certificate.
Action point: At a checkpoint, you have the right to ask for the device's calibration certificate. An uncalibrated device's reading can be challenged in court.
Section 185: why you cannot 'settle' a drunk driving charge on the spot
Section 185 of the MVA is non-compoundable — no officer has the authority to accept payment at the road and let you go. If an officer is offering to 'close the case for ₹5,000', they are committing a criminal act.
What actually happens: Your vehicle is seized, you are taken to the police station, and a blood test may be administered. First offence: ₹10,000 fine + up to 6 months imprisonment, or both. Second offence within 3 years: ₹15,000 + up to 2 years imprisonment.
Breath vs blood test — which can you refuse?
Under Section 185, a police officer can require you to take a breath test. Refusing to take a breath test is itself an offence (Section 185A), carrying the same penalty as a positive test.
Blood tests are taken at the police station with a trained medical officer. You cannot refuse a blood test if the breath analyser shows a positive reading. The legal limit is 30 mg per 100 ml of blood (breath equivalent: 0.30 mg per litre).
Chennai's e-challan system crosses 10 lakh notices — officers no longer carry challans
The Tamil Nadu traffic police reported that their e-challan system has now issued over 10 lakh (1 million) challans. The shift to fully digital challans means officers no longer carry paper books — all challans are issued through the MParivahan app and sent to the registered mobile number.
If you receive an e-challan and believe it is incorrect, you now have 60 days to contest it through the MParivahan app before any licence action is taken.
Drunk Driving — First Offence
Non-compoundable. Cannot be settled at the roadside. You may be taken to a police station and required to take a blood test. Refusing the breath test is itself an offence. Legal BAC limit: 30 mg/100 ml blood.
MVA 2019, Section 185 | Last verified: 2026-01-16
Legal information, not legal advice. All content is sourced from official government documents. For specific legal matters, consult a qualified lawyer.