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A persistent myth holds that drinking more alcohol after DUI makes blood alcohol content (BAC) measurement impossible, allowing escape from punishment. This 'evasion drinking' tactic no longer works in Korea — it actually increases penalties.

[Table of Contents]

1. Why 'Evasion Drinking' Used to Work and Current Status

2. Evasion Drinking Itself is Now a Separate Crime

3. DUI + Evasion Charges Apply Together — Aggravated Penalty

4. Hit-and-Run Combined Risks Pre-Trial Detention

5. Wrong Response Magnifies the Case — Cheongchul Law Firm

Why 'Evasion Drinking' Used to Work and Current Status

Previously, drinking immediately after driving could make it difficult to prove BAC at the time of driving. The Widmark formula had limitations. However, after the law revision, this evasion tactic no longer works.

Evasion Drinking Itself is Now a Separate Crime

Currently, deliberately drinking more alcohol to evade BAC testing is itself criminalized as obstruction of breathalyzer testing. The act of post-driving drinking is no longer just a measurement obstacle — it is directly punishable as a separate crime.

DUI + Evasion Charges Apply Together — Aggravated Penalty

As a result, the original DUI charge is combined with obstruction of breathalyzer testing, with both crimes prosecuted simultaneously. Penalties become significantly heavier than standalone DUI, with sentence enhancement, license sanctions, and insurance disadvantages all stacking.

Hit-and-Run Combined Risks Pre-Trial Detention

When fleeing the accident scene is added, hit-and-run causing injury or death (Aggravated Punishment of Specific Crimes Act) applies, creating high risk of pre-trial detention. The 'DUI + evasion drinking + flight' combination is the most dangerous scenario in practice.

Wrong Response Magnifies the Case — Cheongchul Law Firm

Drinking more after an accident is not an escape route — it makes the case as large as possible. In alcohol-related situations, initial response can dramatically change the outcome.

Cheongchul Law Firm has extensive experience advising and defending DUI, breathalyzer obstruction, and hit-and-run cases. If you face an alcohol-related case, contact Cheongchul Law Firm early.

This article is for informational purposes only. Specific cases may yield different outcomes. Consult a qualified attorney for accurate legal advice.