In China, laws against driving under the influence (DUI) mirror those found in other nations. You may be found guilty of DUI if either your consumption of alcohol was enough to impair your ability to safely operate a motor vehicle or your consumption of alcohol results in your blood/breath alcohol concentration surpassing the legal limit. In China, the legal limit is 0.02.
Under Chinese law, the penalty for a first-offense DUI conviction with a BAC between 0.02 and 0.79 is a fine of up to CNY 500 and a temporary license suspension ranging from one to three months. If your BAC is over 0.08, the potential penalty includes incarceration until you are sober or up to 15 days in jail, a minimum fine of CNY 500 up to CNY 2,000 and a license suspension up to six months.
DUI penalties for commercial or business drivers are stricter. A first-offense DUI conviction with a BAC under 0.79 is punishable by a mandatory three-month license suspension and a CNY 500 fine. Alternatively, if your BAC is over 0.08, the mandatory minimum penalty includes detention until you are sober and 15 days in jail, a six-month license suspension and a CNY 2,000 fine
Zero Tolerance for Repeat Offenders
China DUI laws have zero tolerance for repeat offenders. Two DUI convictions within a year carries a mandatory sentence of a one-year license revocation and a five-year ban on driving for commercial purposes.
China laws permit police officers to begin a DUI investigation at an accident or after they observe driving behavior that suggests intoxication, such as unsteady lane travel or speeding. In addition, police officers can initiate random breath tests and DUI checkpoints whenever and wherever they like.
Marcello Viridis has been "working in writing" for the past six years. Since publishing his first article in 2004, he has written on a range topics from working and living overseas for the Wall Street Journal's Black Collegian website to legal essays for the Encyclopedia of American Civil Liberties. Viridis has a B.A. from Pomona College and a J.D. from Lewis and Clark Law School.