What Constitutes Dangerous Driving Under Chinese Criminal Law

Driving under the influence or causing a traffic accident can trigger criminal liability in China under Article 133 and Article 133bis of the Criminal Law. For foreign drivers — whether residents, tourists, or business travellers — a DUI arrest carries the same legal exposure as for Chinese nationals, plus immigration consequences. This article explains what the law says, what penalties apply, and what to do if you or someone you know is charged.

Article 133 of the PRC Criminal Law covers the offence of causing a traffic accident resulting in serious injury, death, or major property loss, carrying up to 7 years. Article 133bis, added in the 2015 amendment, specifically criminalises dangerous driving — including driving a motor vehicle on a road while intoxicated — with criminal detention and a fine even where no accident has occurred. The Supreme People's Court has issued guiding opinions clarifying that a blood-alcohol content of 80 mg/100 ml or above constitutes criminal intoxication.

How Dangerous Driving and DUI Are Charged in China

For a foreign driver arrested for DUI or dangerous driving, the immediate concerns go beyond the criminal charge itself. The Public Security Bureau will notify the traffic management department and, where a foreign national is involved, the entry-exit administration. The driver's Chinese driving licence may be revoked, and a foreign driving licence alone does not authorise driving in China unless accompanied by a valid Chinese provisional licence. Early legal intervention can address licence issues, challenge blood-test procedures, and negotiate for non-custodial measures where the facts permit.

For case-specific advice, contact C&Z Partners for a confidential consultation.

Primary legislation: Criminal Law [CN official]; Criminal Procedure Law [CN official]
Also relevant: PSAPL [CN official]; Exit and Entry Administration Law [CN official]
Official sources: Criminal Law (CN)
Key interpretation: SPC & SPP Guiding Opinions on Plea Leniency (2019)
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