Refusal to take a breathalyzer test is not a lighter punishment than drunk driving.

Most drivers lie or refuse to take a breathalyzer test because they are afraid of being criminally punished if they are caught driving while intoxicated.

However, the punishment for refusing a breathalyzer test is quite severe, with imprisonment of up to 5 years or a fine of up to 20 million won, so if you make a mistake, you may receive a more severe punishment than if you admit to drunk driving and reflect on it.

Drivers must comply with a breathalyzer test request, and if they refuse to take a breathalyzer test without any good reason, they will be arrested and punished for refusing a breathalyzer test.

Refusal to take a breathalyzer test is not established by refusing a police officer's request once. Police officers are required to request a breathalyzer test three or more times at five-minute intervals, and can only be punished for refusing a breathalyzer test if such requests are refused three or more times.

Nevertheless, if you refuse a breathalyzer test, you can seek help from a legal expert if you have a strong will to reflect and there is a need for relief from license revocation or mitigation of punishment.

According to Shim Jae-guk, a criminal lawyer at the Daeryun Law Firm, in fact, not long ago, Mr. A called a designated driver after drinking and stopped by a store on his way home. Since the store was close to my house, after running errands, I drove from the store on my own and was subject to a DUI test. Mr. A, who had a past record of drunk driving and wanted to avoid testing, was at risk of punishment for refusing a breathalyzer test, so he decided to seek help from a criminal lawyer.

Daeryun Law Firm reflects on all these facts, including the fact that the client used a designated driver with the intention of not getting behind the wheel while intoxicated after drinking alcohol, the fact that the client sent away the designated driver at a store in front of the house, stopped by the store and drove the short distance home on his own, and the fact that he reflexively refused to take a breathalyzer test out of fear of punishment due to his past history of drunk driving. Considering the fact that the livelihood of the city's dependents was at risk and the fact that the vehicle was disposed of after the accident, he appealed for maximum leniency within the law, and as a result, he was able to receive a suspended sentence.

Recently, professional response at each stage of investigation, including coordination of investigative authority by prosecutors and police, has become more important.

Daeryun Law Firm explained, “Drunk driving is of course an act that should not be done, and refusing to measure is also difficult to avoid punishment, but in unavoidable cases, it may be helpful to seek advice from a criminal lawyer to reduce punishment.”

Jae-guk Shim, a criminal lawyer, said, “We plan to provide realistic and sharp legal interpretation through a chief prosecutor with ample practical experience, a lawyer from a former department, and an advisor from the police.”

He added, “We expect that lawyers from previous departments will play a leading role in further enhancing the criminal justice center and other overall work capabilities.”

Meanwhile, Daeryun Law Firm operates 21 branches across the country, including Cheongju, Jinju, Chuncheon, Jeonju, and Cheonan.

View article text - http://www.joseilbo.com/news/htmls/2022/04/20220427453076.html