Short answer: In China, driving with a blood alcohol concentration (BAC) of 80 mg/100ml or more is a crime — dangerous driving under Article 133-1 of the Criminal Law — punishable by criminal detention of up to six months plus a fine, together with revocation of your driving license and a five-year ban on getting a new one. At 20 to 80 mg/100ml you face administrative penalties instead: a fine and a license suspension.

When does drunk driving become a crime?

China draws the criminal line at 80 mg/100ml. Below that level, drink driving is an administrative violation under Article 91 of the Road Traffic Safety Law: your license is suspended for six months and you pay a fine of RMB 1,000 to 2,000. If you are caught a second time, police can detain you for up to 10 days, fine you again, and revoke your license.

At 80 mg/100ml or above, the case becomes criminal. The charge is dangerous driving (Criminal Law Article 133-1), and the usual penalty is criminal detention of up to six months plus a fine. Your license is revoked and you cannot reapply for five years. Under the 2023 joint opinion of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice on drunk-driving cases, a BAC between 80 and 150 mg/100ml with no aggravating circumstance may be treated as minor and not prosecuted as a crime. Above 180 mg/100ml, courts generally do not grant a suspended sentence.

What if drunk driving causes an accident?

If you cause a serious accident involving serious injury or death, the charge usually becomes the more serious crime of causing a traffic accident (Criminal Law Article 133): up to three years in prison for the basic offense, three to seven years if you flee the scene or other aggravating circumstances exist, and seven years or more if your flight causes a death. A driver whose drunk-driving accident constitutes a crime also loses the license for life.

What foreigners should know

Police run routine breath-test checkpoints, especially at night and around holidays, and in China a driver can be tested without particular suspicion. A drunk-driving conviction leaves you with a criminal record in China: it can block visa renewals, new work permits and future entries. In serious cases a court may also order deportation under Article 35 of the Criminal Law, and any criminal detention is served in China, not at home.

Example (hypothetical): a foreign manager in Suzhou was stopped at a checkpoint after dinner and tested at 135 mg/100ml. He caused no accident and had no prior record, so because he was below 150 with no aggravating circumstance the case was treated as minor and he was not prosecuted — but he still faced license revocation, a five-year reapplication ban and a disrupted visa status.

Bottom line: one drink too many in China can cost you your license, your clean record and your right to stay. If you are stopped, cooperate with the test, and contact a criminal defense lawyer before making any statement.

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Frequently asked questions

Q: When does drunk driving become a crime?

A: China draws the criminal line at 80 mg/100ml. Below that level, drink driving is an administrative violation under Article 91 of the Road Traffic Safety Law: your license is suspended for six months and you pay a fine of RMB 1,000 to 2,000. If you are caught a second time, police can detain you for up to 10 days, fine you again, and revoke your license. At 80 mg/100ml or above, the case becomes criminal.

Q: What if drunk driving causes an accident?

A: If you cause a serious accident involving serious injury or death, the charge usually becomes the more serious crime of causing a traffic accident (Criminal Law Article 133): up to three years in prison for the basic offense, three to seven years if you flee the scene or other aggravating circumstances exist, and seven years or more if your flight causes a death. A driver whose drunk-driving accident constitutes a crime also loses the license for life.

Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512