Hello. This is attorney Lee Kyung-jun of Cheongchul Law Firm.

There is one point that people caught for drunk driving most often misunderstand: “Isn’t it over once I pay the fine?” In reality, the criminal punishment and the driver’s licence administrative disposition proceed as two separate processes. Handling one well while missing the other can still upend your livelihood.

Today I will explain, from a practitioner’s perspective, how a DUI case actually unfolds, what the punishment standards are, and what you must do immediately after being caught.

1. Criminal punishment and licence revocation are separate tracks

When drunk driving is detected, two tracks begin at the same time. One is the criminal process conducted by investigative authorities for violation of the Road Traffic Act (도로교통법). It leads to a prosecutor’s request for a summary order or a formal indictment, ending in a fine, a suspended sentence, or imprisonment.

The other is the driver’s licence administrative disposition handled by the competent provincial police agency. Depending on the blood alcohol concentration and prior record, the licence is either suspended or revoked. To contest that disposition you must separately file an objection or an administrative appeal.

The two processes have different decision-makers and different standards. Ending the criminal case with a fine does not bring your licence back. Conversely, saving your licence does not make the criminal punishment disappear. That is exactly why both tracks must be designed together from the very beginning.

2. Punishment standards by blood alcohol concentration

Under the Road Traffic Act, criminal punishment starts from a blood alcohol concentration of 0.03% or higher. The statutory sentence changes with the concentration bracket.

① 0.03% or more but less than 0.08%: imprisonment of up to 1 year or a fine of up to KRW 5 million. ② 0.08% or more but less than 0.2%: imprisonment of 1 to 2 years or a fine of KRW 5 million to 10 million. ③ 0.2% or more: imprisonment of 2 to 5 years or a fine of KRW 10 million to 20 million.

④ Refusing a breath test carries imprisonment of 1 to 5 years or a fine of KRW 5 million to 20 million — heavier than most drunk driving cases. ⑤ For a repeat offence within 10 years, the aggravated punishment provision applies and it becomes difficult to end the case with a fine alone.

The administrative disposition is separate: 0.03% or more but less than 0.08% means a 100-day licence suspension, and 0.08% or more means revocation as a rule. Causing an injury accident while drunk driving also triggers revocation.

3. Once there is an accident, the case changes completely

Simple drunk driving and an accident caused while intoxicated carry entirely different weight. If someone is injured, the crime of dangerous driving causing death or injury under the Act on Special Cases concerning the Punishment of Specific Crimes (특정범죄가중처벌등에관한법률) may apply. In that case, injury carries imprisonment of 1 to 15 years or a fine of KRW 10 million to 30 million, and death carries life imprisonment or imprisonment of at least 3 years.

On top of that, leaving the scene without taking post-accident measures adds a hit-and-run injury issue. The moment you leave the scene to hide the fact that you were drinking, the character of the case changes completely. Even if you are frightened, staying at the scene, providing aid, and reporting the accident is far more favourable in the end.

In addition, so-called ‘post-incident drinking’ — drinking more right after an accident — must be avoided at all costs. If it is deemed obstruction of measurement, any room for mitigation disappears and sentencing becomes far more unfavourable.

4. Two frequent issues — refusal to be tested and the Widmark formula

First, refusal of a breath test. Some people mistakenly believe that since they drank only a little, avoiding the test is to their advantage. The opposite is true. The statutory sentence for refusal is comparable to drunk driving at 0.2% or higher, and the licence is revoked as well. If the police officer’s demand for a test was lawful, there is no benefit whatsoever in refusing.

Second, the Widmark formula. It is a method of back-calculating the blood alcohol concentration at the time of driving rather than at the time of detection. Between 30 and 90 minutes after finishing drinking, the concentration is still rising, so if the measurement was taken in that window, the actual concentration while driving may have been lower.

The result of the back-calculation depends on premises such as body weight, the amount consumed, and the time drinking ended. If the premises are inaccurate, the conclusion is shaky too. In cases sitting near the punishment threshold, there is room to challenge the premises of this calculation.

5. Factors that actually operate in sentencing

What courts weigh heavily in drunk driving cases are the blood alcohol concentration, the number of and interval between prior offences of the same kind, the driving distance and time of day, and whether an accident occurred and how serious the damage was. Prior record in particular is decisive. Once caught three or more times, you are no longer treated by the same standard as a first-time offender.

Conversely, there are circumstances that clearly work in your favour: a short driving distance, voluntary surrender, confession and remorse from the early stage of investigation, an amicable settlement with the victim, disposal of the vehicle, completion of an alcohol treatment programme, and specific proof of livelihood and dependant circumstances.

What matters is not merely asserting these circumstances but leaving them on the record. Submitting treatment certificates, proof of volunteer work, employment certificates and payslips, and family relation documents has a real impact on the decision.

6. Checklist for right after being caught

① Check whether the testing procedure was lawful. Whether you were given a chance to rinse your mouth to remove residual alcohol, whether the device was properly calibrated, and whether you were informed of the right to request a blood test are all contestable points. ② Remember that you may demand a blood test. If you dispute the breath test result, you can request blood testing.

③ When you receive the licence disposition notice, immediately check the objection period. Once the deadline passes, the means to contest it disappear. ④ Manage the criminal and administrative schedules together on a single sheet. ⑤ If you drive for a living, gather materials supporting that circumstance from the very beginning.

7. Closing

A drunk driving case looks simple, but the criminal and administrative tracks run simultaneously and a handful of early responses sharply divide the outcome. Especially where there is a repeat offence or an accident, you should let go of the expectation that it ends with a fine and prepare properly from the start.

During my service as a prosecutor I handled many drunk driving cases. I know well which circumstances are actually reflected in the decision and which arguments sound hollow. If you feel lost about what to do right after being caught, please consult a criminal defence specialist first. Cheongchul Law Firm will design both the criminal and the administrative process for you.