When is the crime of drinking alcohol considered non-Hadd (punishable by discretionary measures), and when is the Hadd punishment for drinking alcohol not carried out?

The answer summarizes that the prescribed punishment for a wine-drinker is forty or eighty lashes, with scholarly consensus on its obligation, though they differ on some details.

For this punishment to be applied, certain conditions must be met: 1. Accountability (Takleef): The drinker must be an adult and of sound mind. 2. Volition (Ikhtiyar): The drinker must not be coerced or compelled. 3. Intent (Ta'ammud): The drinking must be intentional, not accidental. 4. Knowledge of Prohibition: The drinker must be aware of the prohibition of wine. 5. Islam: The drinker must be Muslim (the prescribed punishment is not applied to a Dhimmi disbeliever according to the majority of scholars, but they are disciplined if they openly drink). 6. Proof (Ithbat): Drinking is proven either by the drinker's confession or by valid evidence.

If these conditions are met, the prescribed punishment must be applied. If a condition is not met, the punishment is waived. Some scholars have held that repentance before reaching the judiciary waives the punishment, by analogy with the punishment for highway robbery (hirabah).