Drunk Driving
Drunk driving refers to a violation of the ban on driving while intoxicated, as defined in Article 44 of the Korean Road Traffic Act.
It applies to motor vehicles (including construction machinery), trams, and bicycles.
An intoxicated state means a blood alcohol concentration (BAC) of 0.03 percent or higher.
Drunk driving is one of the 12 categories of gross negligence and is a serious crime that endangers not only the driver but also others.
Still, even after committing a DUI, it is important to exercise your right to a legal defense, such as by consulting an attorney, and to seek relief appropriate to your situation.
DUI Penalty Standards
<Person who drove while intoxicated>
| Blood alcohol concentration | Penalty |
| 0.2 percent or higher | Imprisonment of 2 to 5 years, or a criminal fine of KRW 10 million to 20 million |
| 0.08 percent or higher but under 0.2 percent | Imprisonment of 1 to 2 years, or a criminal fine of KRW 5 million to 10 million |
| 0.03 percent or higher but under 0.08 percent | Imprisonment of up to 1 year, or a criminal fine of up to KRW 5 million |
| Refusal of a breathalyzer test | Imprisonment of 1 to 5 years, or a criminal fine of KRW 5 million to 20 million |
<Second offense>
This refers to a case where a person who has been sentenced to a criminal fine or heavier for drunk driving, and whose sentence has become final, is caught driving drunk again within 10 years from the date the sentence became final.
| Blood alcohol concentration | Penalty |
| 0.2 percent or higher | Imprisonment of 2 to 6 years, or a criminal fine of KRW 10 million to 30 million |
| 0.03 percent or higher but under 0.2 percent | Imprisonment of 1 to 5 years, or a criminal fine of KRW 5 million to 20 million |
| Refusal of a breathalyzer test | Imprisonment of 1 to 6 years, or a criminal fine of KRW 5 million to 30 million |
Administrative Sanctions for Drunk Driving
The license-revocation standard, which used to be a "three-strikes" system, has been changed to a "two-strikes" system, and the penalties have also been tightened.
| Category | Drunk driving only | Property-damage accident | Personal-injury accident |
| Blood alcohol concentration 0.03% or higher but under 0.08% | License suspension(penalty points: 100) | License suspension(penalty points: 100) | License revocation (disqualification period: 2 years) |
| Blood alcohol concentration 0.08% or higher | License revocation (disqualification period: 1 year) |
License revocation (disqualification period: 2 years) |
|
| Refusal of a breathalyzer test | |||
| 2nd offense | License revocation (disqualification period: 2 years) |
License revocation (disqualification period: 3 years) |
License revocation (disqualification period: 3 years) |
| Fleeing after a personal-injury DUI accident | - | - | License revocation (disqualification period: 5 years) |
| Fatal accident | - | - |
The Procedure When You Are Caught for Drunk Driving
Being caught for drunk driving
Police investigation
Referral to the prosecution
Summary order or trial
Being Caught for Drunk Driving
There are two ways a DUI is detected: a police crackdown and a report from a member of the public.
The most common enforcement method is the breathalyzer test, which measures the concentration of alcohol exhaled in your breath.
If you do not air out the area and you use a disinfectant, or if you ride along with heavily intoxicated passengers, the measured alcohol concentration may come out higher than it should.
If you cannot accept the breathalyzer reading, there is the option of a blood test.
For a blood test, you go to a nearby hospital, the sample is taken, and the result comes out after analysis within 2 weeks.
Even if you do not accept this result, it cannot be re-measured.
Alternatively, a DUI may be detected through a citizen's report, such as someone witnessing you get into a car after drinking.
That said, in cases such as sleeping in the car without actually driving, it may not be treated as drunk driving, so in such situations it is advisable to consult a specialist.
Police Investigation
You will be contacted roughly 3 to 5 days after being caught for drunk driving.
At that point, the date and time for appearing at the police investigation are set.
The police investigation is meant to examine the facts of the case, so there is no need to be overly worried.
However, if you say unnecessary things or lie during this process, the problem can grow much larger.
Also, if you can express genuine remorse, such as through a letter of apology, it may count as a mitigating factor under the sentencing standards, so you can expect a reduced punishment.
The sentencing standards for drunk driving are as follows.
| Category | Mitigating factors | Aggravating factors | |
| Special sentencing factors | Conduct | Where there are circumstances regarding the motive that particularly warrant consideration Where the driving posed a very low risk to road traffic |
Where the driving posed a very high risk to road traffic Where the breathalyzer test was refused |
| Offender/other | Persons with hearing or speech disabilities Diminished mental capacity(not attributable to the offender) Voluntary surrender |
Repeat offense of the same kind | |
| General sentencing factors | Conduct | - | - |
| Offender/other | Sincere remorse No prior criminal punishment |
Concealing evidence, or attempting to conceal it, after the offense A repeat offense of a different kind, or a prior conviction of the same kind that does not qualify as a repeat offense(less than 10 years since completion of the sentence or finalization of the judgment) |
Once the police investigation is complete, the administrative-sanction procedure must follow.
Depending on your blood alcohol concentration, you will receive an administrative sanction such as a license suspension.
Depending on the disposition, you will receive either an advance notice of a driver's license suspension or an advance notice of a driver's license revocation.
At the same time, you are issued a temporary driving certificate, which is valid for 40 days.
When the temporary driving certificate expires, that is, starting 41 days after the administrative sanction, your license is suspended or revoked.
Referral to the Prosecution
Within 3 to 4 days after the police investigation, you may receive a text message stating that the police station has handed the case over to the prosecutors' office.
This text message is not always sent; it simply means the case has been transferred from the police to the prosecution.
This varies from case to case, but for a first-time, simple DUI, or a case involving only minor property damage, a request for a summary order is generally expected.
A request for a summary order is highly likely to result in a criminal fine or lighter, and the case concludes through a trial that does not require your appearance.
However, where there is a record of prior DUI offenses, where the blood alcohol concentration is high, or where there is a personal-injury accident, an indictment for a formal trial is expected.
An indictment for a formal trial means the prosecution has requested a formal trial before the court, and it indicates that the prosecution is even considering an actual prison sentence.
If you have a long DUI record of 3 or more prior offenses, or if the offense occurred during a suspension period or involves a hit-and-run, you may be indicted for a formal trial with detention.
Summary Order or Trial
If a DUI case concludes with a summary order imposing a criminal fine, it is relatively manageable, but if it proceeds to a formal trial, or a formal trial with detention, there are many points to watch out for.
It is necessary to set the direction of your statements to fit the situation and to submit the appropriate sentencing materials, and where there is property or personal-injury damage, reaching a settlement with the victim is also important.
If a settlement cannot be reached, making a deposit with the court for the DUI is also one option.
Why You Need a DUI Specialist Attorney
When a drunk-driving case is referred to the prosecution and even sent on to trial, the prosecutor is already considering an actual prison sentence, so the help of a specialist is indispensable to avoid prison time.
That said, even in situations where a request for a summary order is expected, such as a first-time simple DUI, or a case involving only minor property damage, the help of a DUI attorney is still needed.
Because even a criminal fine becomes part of your criminal record, it is better to avoid a fine if you can.
In cases where a person is cleared of suspicion in connection with drunk driving, this can happen where the blood alcohol concentration does not differ greatly from the DUI threshold of 0.03.
Having an Attorney Accompany You to the Police Investigation
Everything you say during a police investigation is recorded.
Therefore, you must refrain from carelessly saying unnecessary things.
It is possible to have an attorney accompany you to the police investigation.
Having an attorney accompany you helps prevent you from saying unnecessary things, and it has the advantage that the attorney can assess matters such as the points of suspicion in the case in advance and prepare sentencing materials ahead of time.
If at all possible, we hope you will consult a specialist as quickly as you can and exercise your right to a legal defense effectively.
