Blog, Criminal

It is almost impossible to miss: drinking is a huge part of Korean culture. Many companies have dinner together after work, during which large amounts of soju and beer are often consumed. Driving Under the Influence (DUI) was therefore quite common in South Korea. That is why the government cracks down very hard on drunk driving. Driving with a Blood Alcohol Content (BAC) of 0.03% constitutes drunk driving in Korea and punishments are quite severe, ranging from fines to imprisonment and license revocation.

Of course, we hope that no one drives while under the influence of alcohol, but if it does happen, it is important to know what constitutes a DUI in Korea, what the procedure for sobriety tests is, and what the punishments may be. Most importantly, if you are ever caught for a DUI in Korea, it is important to hire a competent lawyer to help you out with any civil, administrative, or criminal charges.

What Constitutes A DUI In Korea?

Currently, you are considered to be driving under the influence (or “Driving While Intoxicated” according to Korean law) if your Blood Alcohol Content (BAC) is higher than 0.03%. For most adults, it takes around 1~2 shots of soju or a small beer to constitute a BAC of 0.03%. BAC is a measurement of alcohol intoxication used for legal or medical purposes. Basically, a BAC of 0.03% means that there is 0.03g of alcohol for every 100 ml of blood. Your BAC is usually measured using a breathalyser, which estimates the BAC indirectly by measuring the amount of alcohol in your breath. BAC can also be measured using a blood test. 

In Korea, there are levels of severeness when it comes to a DUI: 0.03% – 0.08%, 0.08% – 0.2%, and over 0.2%. The punishment you receive depends on how high your BAC is.

Procedure for Sobriety Tests

It is important to know how sobriety tests are taken and which rights you have. Police officers have to follow strict guidelines when it comes to sobriety testing.

1. The officer should radio the police situation room, report that they are about to take a sobriety test, tell their name and driver’s vehicle number.

2. The officer should check if the breathalyzer is working properly before testing.

3. The officer should also ask when the driver finished drinking and whether the driver used any alcohol-based mouthwash recently. Alcohol-based mouthwash can affect the results of a breathalyzer test, so if the driver has used mouthwash recently, they are allowed to rinse their mouth with water before taking the test. In this case, the officer should provide 200ml of water to the driver.

4. In addition to breathalyzer tests, the officer must write another report on other circumstances: whether the driver speaks properly, whether they can walk straight, whether their face is red, or how they respond when the officer asked them of sobriety test (if they tried to run away, begged for forgiveness, etc.). This is to use as evidence later if the driver gets punished for drunk driving.

In case the officer doesn’t have a breathalyzer, or their breathalyzer is not working, the officer should act as follows.

1. The officer should ask the driver to wait until they bring another breathalyzer nearby.

2. If the driver says that they can wait, the police officer takes a nearby breathalyzer as soon as possible and run the sobriety test.

3. If the driver refuses to wait, the officer can arrest the driver if they are clearly drunk (if the driver smells of alcohol, has a red complexion, cannot walk straight, has a poor pronunciation, or is begging for forgiveness or trying to run away, etc.).

When the breathalyser test shows that the BAC is 0.03% or higher, the driver is now considered “Driving while Intoxicated” according to Road Traffic Act, Article 44. The next procedure is as follows.

1. The officer should tell the driver of their BAC and notify them that they are allowed to ask for a blood test. In principle, the Korean court views breathalyzer results as definitive unless the driver asks for a blood test within a reasonable period of time and with a justifiable reason.

2. Regardless of whether the driver asks for a blood test or not, the officer should give them a “ticket for drunk driving (음주 스티커).” This ticket gets immediately sent to the police situation room, to work as evidence for the administrative and criminal punishment for the driver.

3. After giving the driver a ticket, AND securing the driver’s identity, the officer can send them home. Of course, the officer should take proper measures to stop the driver from driving any more that day, such as taking the driver’s car key and keeping it.

4. But if the driver’s identity is unclear, or if they try to run away, the officer can arrest them right at the spot.

Meanwhile, if the driver refuses to take a sobriety test, they also get the ticket. If they refuse the test AND they are likely to run away, the officer can arrest them.

When the police officer makes an arrest, they have to clearly state the offender’s Miranda rights (미란다 원칙): “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning.”

Getting Caught For DUI

If anyone gets caught driving under the influence of alcohol (with a BAC of more than 0.03%), there are three main punishments: civil liability, administrative punishments, and criminal punishments. The exact punishment you receive depends on your total BAC. We will discuss each type of punishment shortly.

1. Civil Liability

Civil liability refers to surcharges on your insurance fees as a result of drunk driving in Korea. This is only the case for car insurance in your name. If you are caught for drunk driving for the 1st time, you will receive a 10% surcharge on your insurance fee for the duration of 2 years. If you are caught for the 2nd time or more you will have to pay 20% extra on your insurance fee for 2 years. This civil liability was instated so that people are deterred from committing any violations, as they do not only lead to fines but also to long-lasting civil consequences.

If you try to avoid this by signing up for the insurance under someone else’s name, the surcharge will be increased to 50%. So you’d better not think about borrowing the name of your family or friend after drunk driving.

2. Administrative Punishments

Administrative punishments refer to the suspension or even cancellation of your driver’s license.

First, let us explain how it works if you have a Korean driver’s license. How long your license is suspended depends on the severity of intoxication, and whether you caused an accident.

If you did not cause an accident and your BAC levels were between 0.03% and 0.08%, you will receive 100 demerit points on your license. The license will be canceled if the driver has accumulated more than 121 points in one year, 201 points in 2 years, or 271 points in 3 years. If your BAC levels were higher than 0.08%, the driver’s license will be revoked for 1 year. The driver’s license will also be revoked for 1 year if you refuse to take a breathalyzer when asked by a police officer. However, if you were caught twice or more, your license will be revoked for 2 years.

If you caused an accident with a car or any other object – NOT a person – driving under the influence of alcohol, punishment will be more severe. If your BAC levels were between 0.03% and 0.08%, you will receive 100~110 demerit points on your license. If your BAC levels were higher than 0.08% or you refused to take a breathalyzer test, your license will be revoked for 2 years. If you are caught twice or more, your license will be revoked for 3 years. 

If drunk driving caused an accident with a person, your license will be revoked for 2 years no matter your BAC levels. If it happens twice or more, your license will be revoked for 3 years. However, if the accident was fatal and caused someone’s death, the driver’s license will be revoked for at least 5 years. Your driver’s license will also be revoked for 5 years if you run away after a DUI incident.

Here is a useful table to see all the administrative punishments:

This table applies as long as you have a Korean driver’s license. It doesn’t matter if your nationality is a foreigner or a Korean.

However, if you have a foreign driver’s license, the punishment becomes much simpler and much more severe.

• If you did not cause an accident and your BAC levels were between 0.03% and 0.08%, the police officer takes your license and keeps it for 100 days, which means you can’t drive for 100 days. If you leave Korea before 100 days, they return it to you when you leave.

• If you did not cause an accident and your BAC levels were higher than 0.08%, the officer takes your license and doesn’t return it to you unless you leave Korea. So, you can’t drive at all while you stay in Korea.

• If you caused an accident (any kind of accident) while drunk driving, the officer takes your license and doesn’t return it to you unless you leave Korea. So, you can’t drive at all while you stay in Korea.

3. Criminal Punishments

Besides receiving civil consequences and administrative punishment, driving under the influence will also lead to criminal punishments, such as high fines and even imprisonment. Like with administrative punishment, the severity of the fine or imprisonment depends on the level of intoxication. 

• If your BAC levels were between 0.03% and 0.08%, you could be sentenced to prison for the maximum duration of 1 year or receive a fine of 5 million won.
• If the driver’s BAC levels were between 0.08% and 0.2%, they can be sentenced to 1 to 2 years in prison or they will have to pay a fine of 5 million won to 10 million won.
• If BAC levels were higher than 0.2%, you can receive a prison sentence of 2 to 5 years or a fine of 10 million won to 20 million won. 

If you refuse to take a breathalyser test, you can be imprisoned for 1 to 5 years, or receive a fine from 5 to 20 million won. Also, if the driver has been caught for drunk driving before (so this is their second violation or more), the driver can be sentenced to prison for 2 to 5 years or will have to pay a fine of 10 to 20 million won.

If driving under the influence caused an accident that injured a person, the driver is punished by imprisonment of 1 to 15 years or a fine between 10 and 30 million won. If the accident was fatal, the driver will be imprisoned for life or at least 3 years. 

Here you can see a table with a simple overview of the criminal punishments according to Article 148-2 of the Road Traffic Act.

Hiring A Korean DUI Lawyer

We of course hope that you will never get in the car under the influence of alcohol, but if it does happen and you are caught on a drunk driving violation, it is important to hire a DUI lawyer as soon as possible. Seoul Law Group lawyers are ready to help you achieve the most preferable outcome under the charges that you face. Also very important: our lawyers will do their best to also help protect your visa as much as possible in the case of a drunk driving violation. Criminal charges can have negative effects on your visa. Seoul Law Group’s lawyers will help you figure out what these effects are and how to minimize them.

Important To Know

Here we want to share two more things that are important to know in relation to DUI.

1. Getting In The Car With A Drunk Driver

Never get in the car of a person who is driving under the influence. In the worst-case scenario, if the driver causes an accident with a person, the passenger can face criminal punishment for “aiding and abetting”. If it can be proven that the passenger was aware that the driver was drunk, they can be held 40% liable for their own injuries in case of an accident. If they were too drunk to remember boarding the car, they can be held 30-35% liable.

2. Replacement Driver Services (대리운전)

There is no reason to get in a car after having had a few drinks. Luckily, Korean taxis are quite cheap so it will not be too expensive to get back home. If you really want to bring your car, you can also call replacement driver services, called 대리운전 in Korean. These people will drive you and your car home for around 10,000 won to 30,000 won. Make sure you use a reliable service that has insurance!