
Legal Q&A
Q
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Hello. I would like to ask about the level of punishment for refusal of a breathalyzer test. While I was driving under the influence, I was caught in a crackdown. I complacently refused the test and caused a disturbance, and in the end I was caught. I heard that refusing a breathalyzer test makes the punishment more severe. Is that true? Please let me know the level of punishment for refusal of a breathalyzer test.
punishment for refusal of a breathalyzer test
breathalyzer test
drunk driving
Answer
Published:
Author : DongIl PARK
Hello. I will inform you about the level of punishment for refusal of a breathalyzer test.
As you mentioned, the level of punishment for refusal of a breathalyzer test is rather severe.
In the case of refusing a breathalyzer test, under the Road Traffic Act, imprisonment for not less than 1 year and not more than 5 years or a fine of not less than 5 million won and not more than 20 million won may be imposed.
In particular, refusal of the test is not a mere refusal but is regarded as an attempt to reject the lawful order of an investigative agency and to conceal the very fact of drunk driving, so it is a matter for which severe punishment may be imposed.
If there is a past record of drunk driving, aggravated punishment may apply, and upon refusal of the test, the license may be revoked, and where a disturbance or verbal abuse and assault accompanied it, additional criminal liability, such as the crime of obstruction of official duties, may also become an issue.
If a person is booked on suspicion of refusing a breathalyzer test, the driver's license may be revoked, or the license may be suspended for up to 1 year.
If it is a sensitive situation in which a promotion or the retention of employment is at stake, an even more careful and strategic response is necessary.
First, you should show sincere reflection and a genuine attitude. In addition, it appears advisable to devise a punishment defense strategy with the help of a specialized attorney.
In the case of punishment for refusal of a breathalyzer test, because the initial response can greatly affect the sentence and one's personal circumstances, I recommend that you retain an attorney as promptly as possible and specify a response plan.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

InWon KIM
T. 070-7510-1044
Former Chief Prosecutor [Criminal], Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/DUI Traffic/Accounting Audit/Evidence Examination
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