
Legal Q&A
Q
Views7,747
I have already been caught drunk driving twice. But even knowing I should not, I drank and drove again. I was not caught, but I read somewhere that a third drunk driving offense carries a high likelihood of detention and could even lead to an actual custodial sentence. If I am actually caught, is detention really likely? If I am detained, are there disadvantages or the like?
third drunk driving offense
Answer
Published:
Author : DongIl PARK
If a person with two or more prior drunk driving records within the past five years commits drunk driving again, then upon being caught for a third drunk driving offense, the likelihood of a detention-based investigation and a detention-based trial is very high.
This is because investigative agencies have strengthened the detention standards for drunk driving cases, and in particular, a person caught for a third or more drunk driving offense now faces a heightened likelihood of a detention-based investigation.
If a person is detained for drunk driving, absent special circumstances, they will undergo the investigation and trial in detention until the trial ends, which makes it difficult to respond appropriately with sufficient assistance from counsel.
If detained, not only is the exercise of the right of defense restricted during the investigation and trial, but serious disadvantages may also arise for one's job, family, and social life, and if a conviction becomes final, the likelihood of an actual custodial sentence also increases.
Therefore, a case involving a third or more drunk driving offense is a serious matter that requires considering not merely a fine but also the possibility of an actual custodial sentence and detention, so it is very important to promptly obtain an attorney's assistance before or after being caught.
You may wish to confirm the specific details relating to a third drunk driving offense through a consultation with an attorney.

Daeryun's own AI·IT-driven litigation strategy
240+ key members
1,200+ client requests per month
* 2026년 1월 변호사협회 경유증표 발급 기준
In compliance with Article 4(1) of the Korean Bar Association Advertising Rules
Every consultation is reviewed by a specialist attorney first,
so consultations are conducted by appointment.
Phone
1800-7905
Available 24/7, 365 days a year


Online Consultation
Legal services
for our clients.

Chat
Get a quick consultation via chat.
Related Members
More
DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

Nakhyeong Kim
T. 070-7510-2012
Judge at the Busan High Court · Daegu District Court Senior Judge (Presiding) experience

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
Key Case Results
MoreRelated Practice Areas
MoreAll fields At a glance
1/0