Gaimen50-question practice tests in the real exam formatShuki-obi vs Sake-yoi: Japan's Two Drink-Driving Offenses
Updated: 2026-10
Driving under the influence of alcohol (酒気帯び運転, shuki-obi unten) is defined by a number: 0.15 mg or more of alcohol per liter of breath. Drunk driving (酒酔い運転, sake-yoi unten) is defined by your condition: being at risk of not driving normally because of alcohol. Since July 21, 2026, 0.5 mg/L or more automatically counts as drunk driving. Even below the limit, a driver who is visibly drunk commits 酒酔い運転.
Comparison table: 酒気帯び運転 vs 酒酔い運転
Both break Article 65(1) of the Road Traffic Act (道路交通法): "No person shall drive a vehicle while under the influence of alcohol." The penalties, however, fall into two categories. The table below covers the driver.
| Item | 酒気帯び運転 (under the influence) | 酒酔い運転 (drunk driving) |
|---|---|---|
| How it is decided | Amount of alcohol in the body (a number) | Whether you are drunk (plus a number since July 21, 2026) |
| Threshold | 0.15 mg or more per liter of breath (0.3 mg or more per ml of blood) | 0.5 mg or more per liter of breath (1.0 mg or more per ml of blood), or a condition in which you may not drive normally |
| Below the threshold | Not punishable as 酒気帯び運転 (but still a breach of the ban on drinking and driving) | Still applies if you are drunk, e.g. unsteady on your feet |
| Criminal penalty (driver) | Up to 3 years' imprisonment (拘禁刑) or a fine of up to 500,000 yen | Up to 5 years' imprisonment or a fine of up to 1,000,000 yen |
| Penalty points (違反点数) | 13 points (under 0.25 mg) / 25 points (0.25 mg or more) | 35 points |
| License action (no prior record) | 90-day suspension (under 0.25 mg) / revocation with a 2-year ban (0.25 mg or more) | Revocation with a 3-year ban |
The July 21, 2026 amendment: a number for drunk driving too
Until recently, 酒酔い運転 had no numeric threshold; police judged drunkenness from speech, walking and so on. An amendment effective July 21, 2026 added "1.0 mg or more of alcohol per ml of blood or 0.5 mg or more per liter of breath" to the definition of "a drunken state" in Article 117-2. At or above these levels, it is drunk driving regardless of how you behave (Shizuoka and Kumamoto prefectural police).
Below 0.5 mg, you still commit 酒酔い運転 if you are "at risk of not being able to drive normally due to alcohol", as before. So drunk driving now has two routes: 0.5 mg or more, or your condition. The 0.15 mg threshold for 酒気帯び運転 has not changed.
Some questions in the knowledge test (知識確認) were written before the amendment and may say "drunk driving is judged by condition, not by numbers." Read the question carefully: if it is testing that you can be guilty of drunk driving below the limit when you are drunk, answer ○ (true). If it flatly claims that drunk driving has no numeric threshold at all, that is no longer correct after the amendment.
There is no "a little is fine"
0.15 mg is the line for criminal punishment as 酒気帯び運転. It does not mean you may drink and drive below 0.15 mg. Article 65(1) bans driving with any alcohol in your system, however little. Many countries set a legal limit you may drive under; Japan's rule is stricter: if you drink, do not drive.
The National Police Agency's Rules of the Road (交通の方法に関する教則) warn that alcohol from the night before can still affect you the next morning. One beer, or heavy drinking the night before — the answer is the same: do not drive.
It is not just cars. Mopeds (原動機付自転車), specified small motorized bicycles such as e-scooters (特定小型原動機付自転車) and bicycles are all covered by the 酒気帯び運転 and 酒酔い運転 penalties.
Penalties for people around the driver
People who lend the car, serve or encourage drinking, or knowingly ask a drinking driver to take them somewhere and ride along are also punished (Article 65(2)–(4)). The penalty depends on whether the driver was drunk or under the influence.
| Item | Driver under the influence (酒気帯び) | Driver drunk (酒酔い) |
|---|---|---|
| Person who lent the vehicle | Up to 3 years' imprisonment or 500,000 yen | Up to 5 years' imprisonment or 1,000,000 yen |
| Person who served or urged alcohol | Up to 2 years' imprisonment or 300,000 yen | Up to 3 years' imprisonment or 500,000 yen |
| Passenger who knowingly asked for a ride | Up to 2 years' imprisonment or 300,000 yen | Up to 3 years' imprisonment or 500,000 yen |
Sample test questions and common traps
These are close to the real test format (from menkyopass questions).
"Driving with 0.15 mg or more of alcohol per liter of breath is 酒気帯び運転." → ○ (true). Watch for versions that swap 0.15 and 0.25 (0.25 mg is where the points go up).
"Even if your breath alcohol is below the 酒気帯び limit, driving while at risk of not driving normally because of alcohol is 酒酔い運転." → ○ (true).
"A small amount of alcohol does not affect driving, so you may drive after about one glass of beer." → × (false). Any amount is banned.
- "The threshold for drunk driving is 0.25 mg" → × (0.25 mg raises the points for 酒気帯び; 酒酔い is 0.5 mg or a drunken state)
- "Below the limit, it can never be drunk driving" → ×
- "A passenger in a drinking driver's car is never punished" → × (punishable if they knowingly asked for the ride)
- "Alcohol from last night does not matter the next morning" → × (it can remain)
Lock in the numbers with a practice test in your language
In alcohol questions, swapping "0.15", "0.25" or "condition" flips the answer. The knowledge test requires 45 correct answers out of 50, so drill the same question types with the menkyopass English practice test.
Practice questions using this term
- Driving with 0.15 mg or more of alcohol per liter of breath counts as driving under the influence of alcohol.
- Even if the alcohol level in your breath is below the legal threshold, driving in a condition where alcohol may prevent you from driving normally counts as driving while intoxicated (drunk driving).
FAQ
Q. What is the legal alcohol limit for driving in Japan?
A. 0.15 mg per liter of breath or more is 酒気帯び運転. Since July 21, 2026, 0.5 mg or more is always 酒酔い運転. Below the limit, being drunk is still 酒酔い運転, and in principle you must not drive after drinking any amount.
Q. Which is more serious, 酒酔い運転 or 酒気帯び運転?
A. 酒酔い運転: up to 5 years' imprisonment or 1 million yen and 35 points. 酒気帯び運転: up to 3 years or 500,000 yen and 13 or 25 points.
Q. Can I be punished for cycling after drinking?
A. Yes. Bicycles are also covered by the 酒気帯び運転 and 酒酔い運転 penalties.
Q. What if the test says drunk driving is judged by condition, not numbers?
A. If the point is "below the limit, you can still be drunk driving," answer ○. A 0.5 mg threshold was added in July 2026, but judging by condition still applies.