Drink-Driving Limits in China: 20 mg and 80 mg Explained
China takes a strict approach to alcohol and driving. It applies to foreigners exactly as it does to Chinese citizens. This guide explains the two blood alcohol thresholds, how police test drivers, what the criminal standard is, and how a drink-driving record can affect your license.
This is general information about the rules, not legal advice. Penalties are set in separate laws and change over time. If you are involved in a drink-driving case, contact a qualified lawyer and your embassy or consulate.
What the law says
The Road Traffic Safety Law says that a person who has drunk alcohol, taken controlled psychotropic or narcotic drugs, has an illness that prevents safe driving, or is too tired to drive safely must not drive a motor vehicle. The law does not describe a “safe amount”. Any alcohol is a reason not to drive.
The two thresholds
Blood alcohol content (BAC) is measured in milligrams of alcohol per 100 milliliters of blood.
| BAC (mg per 100 ml) | Classification | Nature |
|---|---|---|
| 20 or more, but less than 80 | Drinking and driving (饮酒驾驶) | Administrative offence |
| 80 or more | Drunk driving (醉酒驾驶) | Can be a crime (dangerous driving) |
A reading of 20 mg per 100 ml is a very low level. A single drink can be enough for some people to exceed it, especially soon after drinking. Treat the limit as zero.
The criminal standard
An English translation of a 2013 opinion by the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security says that driving a motor vehicle on a road with a BAC of 80 mg per 100 ml or more is driving while intoxicated and is prosecuted as the crime of dangerous driving under Article 133-1 of the Criminal Law. The Road Traffic Safety Law defines what counts as a “road” and a “motor vehicle”.
In December 2023, the Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security and Ministry of Justice jointly issued new opinions on handling these cases. A summary says that a breath test result of 80 mg per 100 ml or above is treated as drunk driving, that the BAC test result is the main basis for deciding whether someone was intoxicated, and that suspects may be detained or released on bail depending on the case.
The 2013 opinion also lists circumstances for harsher punishment, such as causing a traffic accident, a BAC of 200 mg per 100 ml or more, driving on an expressway, driving a commercial vehicle carrying passengers, serious other violations such as speeding, or refusing or obstructing a police check. The newer 2023 opinions may change the details, so check the current text for anything that matters to your situation.
How the police test you
The Implementing Regulations say that a driver suspected of drinking, being drunk or taking controlled drugs must accept testing and examination. A breath test is the usual first step. Under the 2013 opinion, police should record the process, and a blood test can follow.
If a driver is found drinking, using controlled drugs, ill or over-tired and no other licensed driver can take over, the police may move the vehicle to a place that does not obstruct traffic.
What a drink-driving offence can do to your license
The licensing provisions set bars on getting or keeping a license. A few examples from the official list:
- If you caused a major accident while driving after drinking or while drunk and it amounted to a crime, you cannot apply for a license.
- If your license was revoked for drunk driving, or for drink driving of a commercial vehicle, you cannot apply for a new one for five years after the revocation. If the revocation was for drunk driving of a commercial vehicle, the bar is ten years.
- If you have ever driven drunk, you cannot apply for a large bus, heavy tractor-trailer, city bus, medium bus or large truck license. Driving again after drinking also bars these classes.
See who cannot get a Chinese driver’s license for the full list.
Practical advice for visitors and residents
- Do not drive after any alcohol. Plan how you will get home before you drink.
- Use a taxi, ride-hailing app or designated driver service (代驾). Designated driver services are common in Chinese cities.
- Do not drive the morning after heavy drinking. Alcohol can still be in your blood.
- Do not let a friend drive you home if they have been drinking, and do not lend your car to someone who has.
- If stopped, cooperate with the test. Refusing or obstructing a police check is treated as an aggravating circumstance.
- Keep your embassy’s contact details if you are a visitor.
Practice
Try the “Licensing and penalties” topic in the mock exam, which includes the BAC thresholds.
Sources
- Road Traffic Safety Law of the PRC, English translation (Supreme People's Court English site), provisions on drivers
- China Justice Observer: China Introduces New Drunk Driving Convictions Standards Effective 2023
- China Law Translate: SPC, SPP, MPS opinion on drunk driving (2013)
- Regulation on the Implementation of the Road Traffic Safety Law (道路交通安全法实施条例), Articles 104-105
- Provisions on the Application for and Use of Motor Vehicle Driving Licenses (机动车驾驶证申领和使用规定), Articles 15 and 18