2025 China BAC Laws - Blood Alcohol Content Legal Limits & DUI Penalties

Complete guide to China DUI laws, BAC legal limits (0.02% DUI, 0.08% drunk driving), penalties, and blood alcohol content regulations under Road Traffic Safety Law.

China Blood Alcohol Content (BAC) Legal Framework

0.02%DUI threshold (酒后驾驶)
0.08%Drunk driving threshold (醉酒驾驶)
0.00%Commercial and public transport drivers

Last Updated: 2025

Legal Framework Under Chinese Traffic Law

Road Traffic Safety Law of the People's Republic of China

Article 91 of the Road Traffic Safety Law establishes two categories: DUI (酒后驾驶) for BAC ≥0.02% and drunk driving (醉酒驾驶) for BAC ≥0.08%. The Criminal Law Amendment (VIII) of 2011 criminalized drunk driving as 'dangerous driving crime'.

DUI Classification (酒后驾驶)

BAC between 0.02% - 0.079% constitutes DUI, subject to administrative penalties including license suspension and fines.

Drunk Driving Crime (醉酒驾驶)

BAC ≥0.08% constitutes criminal offense under Article 133-1 of Criminal Law, punishable by detention and license revocation.

Zero Tolerance for Professional Drivers

Commercial vehicle drivers, public transport operators, and taxi drivers face zero-tolerance policies with immediate license revocation for any alcohol detection.

DUI and Drunk Driving Penalties in China

DUI Penalties (BAC 0.02% - 0.079%)

  • Fine: ¥1,000 - ¥2,000
  • License suspension: 6 months
  • Penalty points: 12 points (full license suspension)
  • Administrative detention: Up to 15 days (repeat offenders)
  • Vehicle impoundment until legal driver retrieves it

Drunk Driving Criminal Penalties (BAC ≥0.08%)

  • Criminal detention: 1-6 months
  • Fine: ¥1,000 - ¥2,000
  • License revocation: 5 years (regular vehicles)
  • License revocation: 10 years (commercial vehicles)
  • Permanent ban from commercial driving
  • Criminal record affecting employment and travel

Aggravated Drunk Driving

  • Causing traffic accidents: 3-7 years imprisonment
  • Fleeing after accident: 3-10 years imprisonment
  • Causing death: 10+ years imprisonment or life sentence
  • Vehicle confiscation
  • Victim compensation liability

Important Information for Drivers in China

Strict Enforcement and Testing

China employs widespread random BAC checkpoints, especially during holidays and weekends. Refusing breath tests results in blood testing and criminal charges.

Social Credit System Impact

DUI and drunk driving convictions negatively affect social credit scores, impacting loan applications, job opportunities, and children's school admissions.

Foreign Driver Implications

Foreign nationals convicted of drunk driving face deportation risks and visa revocation. International driving permits are immediately suspended.

Employer Notification Requirements

Courts notify employers of drunk driving convictions for public servants, teachers, and safety-sensitive positions, often resulting in termination.

Insurance and Compensation

Drunk driving voids vehicle insurance coverage. Drivers become personally liable for all accident damages and medical expenses.

Rehabilitation Programs

Repeat offenders must complete alcohol education programs and psychological evaluation before license reinstatement eligibility.

Regional Implementation Differences

Beijing

Enhanced penalties during major events (Olympics legacy), mandatory rehabilitation for repeat offenders

Shanghai

Pilot program for alcohol interlock devices, stricter enforcement in financial district

Guangdong

Cross-border cooperation with Hong Kong/Macao authorities for DUI tracking

Shenzhen

Technology-enhanced enforcement using facial recognition at checkpoints