License Revocation and Suspension
If you drive under the influence, your license may be revoked or suspended according to certain standards. For a first-time DUI offense with a blood alcohol concentration of 0.03% or higher but below 0.08%, you receive 100 penalty points and a 100-day license suspension. Otherwise, if your blood alcohol concentration is 0.08% or higher, or if you have two or more DUI offenses, your license is revoked, and the length of the revocation also varies depending on whether it was simple drunk driving, an accident causing property damage, or an accident causing injury.
Penalties by Alcohol Level
Under current law, you can be punished for drunk driving with a blood alcohol concentration of just 0.03%. This is a level that can easily be reached by drinking only one or two glasses of alcohol during a meal. Therefore, if you have had even one drink, it is important not to drive.
DUI penalties involve both administrative penalties and criminal penalties.
The penalties by number of offenses and alcohol level are as follows.
For a first offense, a blood alcohol concentration of 0.03% or higher but below 0.08% results in a 100-day license suspension and a criminal fine of up to KRW 5 million or imprisonment for up to 1 year. For a first-time offender with a level of 0.08% or higher, simple drunk driving leads to a 1-year license revocation, while an accident causing property damage or injury leads to a 2-year license revocation. For two or more offenses, simple drunk driving results in a 2-year license revocation, while an accident causing property damage or injury results in a 3-year license revocation. If drunk driving causes a fatal accident, the license is revoked for 5 years regardless of the number of offenses.
If you cause an accident resulting in injury, rather than simple drunk driving or an accident causing only property damage, the severity of the punishment increases further.
For criminal penalties related to drunk driving, the standards vary depending on the number of offenses within 10 years and the blood alcohol concentration, resulting in a criminal fine of KRW 5 million to 30 million or imprisonment for 1 to 6 years. Accidents causing injury or death result, regardless of the number of offenses, in a criminal fine of KRW 10 million to 30 million or imprisonment for 1 to 15 years, while a fatal accident results in imprisonment of at least 3 years or life imprisonment, with no option of a fine.
DUI License Relief
If your driver's license has been suspended or revoked, you may be able to obtain relief, and you can also have your chances of relief assessed. Within 90 days of the date the disposition was issued, you may submit a petition to seek an administrative appeal (행정심판), but you only get one opportunity to file an administrative appeal, and if you disagree with the result, you can also file an administrative lawsuit (행정소송).
Cases eligible for an administrative appeal include having your driver's license suspended or revoked after being caught for simple drunk driving, having your license revoked due to an improper breathalyzer test, having your license revoked for refusing to take a test, or having your license revoked after being wrongly accused of a hit-and-run. For this reason, it is advisable to carefully determine whether you qualify for an administrative appeal.
The administrative appeal procedure begins with submitting the petition, after which the case is referred to the administrative appeals commission; once you receive the response brief, you submit a supplementary brief, and then the case is reviewed and decided.
An administrative appeal does not require much time or litigation cost, which can be an advantage. However, it is advisable to consult a DUI attorney so that you do not miss the deadline for the administrative appeal or otherwise fail to pursue it.
Aiding and Abetting Drunk Driving
If you drive under the influence, you will be punished. But a passenger riding in that vehicle while the driver is intoxicated can also be punished for aiding and abetting drunk driving. A passenger who hands over the car keys knowing that the driver will be drunk driving, or who encourages the driver to drive while intoxicated, becomes subject to punishment. Aiding and abetting drunk driving is based on Article 32(1) of the Korean Criminal Act: if a passenger actively encourages the driver's drunk driving, they face imprisonment for up to 3 years or a criminal fine of up to KRW 10 million, and if they merely aid the drunk driving, they face imprisonment for up to 1 year and 6 months or a criminal fine of up to KRW 5 million.
Drunk driving is a crime that carries significant social consequences. If you are facing DUI charges, it is important to turn the situation in as positive a direction as possible with the help of an attorney who specializes in drunk driving cases.
