Caught Driving Drunk? Police CANNOT Seize Your Vehicle, Says High Court
In a significant ruling reinforcing citizens’ rights, the Telangana High Court has made it clear that police officers do not have the authority to seize or detain vehicles solely because a driver is found intoxicated. Drunk-driving is a punishable offence under law. The court, however, observed that vehicle seizure in such cases is not legally justified unless additional violations are also involved. This clarification comes amid growing concerns over inconsistent enforcement practices during routine drunk driving checks in the state.
The ruling made by Justice E.V. Venugopal, as reported by Live Law, states that police officers do not have the authority to seize or detain vehicles solely on the grounds that its driver was drunk or intoxicated. The person shouldn’t be allowed to continue driving in such cases. In short, enforcement must remain within the boundaries of law.
The police must inform the nearest relative or friend to take custody of the vehicle. They should also ensure that the vehicle is handed over safely to the authorised person, without any damages, and adhering to set legal guidelines.
Only in cases in which such a friend/ relative is unavailable can the police keep the vehicle in temporary custody. In such cases, it should be released to the owner or an authorised person on showing a valid ID proof. The Justice also referred to earlier High Court (HC) orders as well.
In many cities, police conduct late-night drunk driving checks to ensure compliance to the law. There have been many cases in which drivers were found drunk and got their vehicles impounded. The case of seizing private property stands unfair in such cases, as long as there are no additional, more serious offences involved.
The new ruling provides clarification on this front. Now, a car or motorcycle cannot be impounded overnight. Family members can legally collect the vehicles and cops will have to follow proper procedure.
The new ruling also minimizes the risk of damage to the vehicle that can possibly occur while transporting it to the police station and during the detention time. Plus, it would also save the defaulter’s family and friends from prolonged station visits and from getting entangled in complex legal crosshairs.
The ruling highlights the need to strike a careful balance between enforcing road safety and protecting individual rights. It doesn’t dilute the seriousness of drunk driving. It is still treated as a serious offence under the Motor Vehicles Act, 1988.
Under our law, the maximum permissible alcohol content in blood is around 30 mg per 100 mL of blood (BAC). Exceeding this is considered to be ‘legally drink’ and eligible for penalties.
Offenders can face fines of up to Rs 10,000 (Rs 15,000 for repeated violations), licence suspension, multiple court appearances and even imprisonment (up to 2 years for repeat violations) in some cases.
From now on, automatic vehicle seizure will not be part of standard legal provisions in such cases. Road safety cannot come at the cost of violating citizens’ property rights.
The new ruling is important for both citizens and law enforcement agencies. It helps prevent misuse or overreach of police powers and brings much-needed clarity to enforcement practices. It also protects individuals from unnecessary inconvenience and legal trouble. Finally, it promotes lawful and transparent policing.
This ruling appears to be citizen-friendly. In the future, we may see more states get inspired and respective courts issue similar rulings, especially in metro cities where drunk driving checks are frequent.