Can I be punished for driving the day after drinking?

Hello. This is an attorney specializing in drunk driving cases at Daeryun Law LLC.

As you have asked, the mere fact that you drove the day after drinking does not exempt you from drunk driving punishment.

This is because drunk driving is judged not on the time when the alcohol was consumed but on the basis of whether the blood alcohol concentration at the time of driving exceeded the statutory standard.

Under the Road Traffic Act, if a blood alcohol concentration of 0.03% or higher is measured, it becomes subject to drunk driving punishment, and this applies equally regardless of whether the drinking occurred the previous day.

In actual practice, there are quite a few cases in which people drove thinking they had rested sufficiently after a company dinner or gathering, but were caught in a crackdown due to alcohol remaining in their body.

In particular, depending on an individual's constitution, the amount consumed, hours of sleep, and detoxification rate, the reading often remains even the next morning.

In addition, assertions that “you did not feel intoxicated” or that “there was no problem with your driving” are unlikely to have a direct impact on the determination of whether to punish.

Because drunk driving is an offense centered on objective readings, if the measurement result exceeds the standard, criminal punishment and an administrative disposition may be imposed concurrently, regardless of intent or how you felt.

You should also note that, depending on the blood alcohol concentration reading, it can lead not only to the possibility of a fine or imprisonment but also to revocation of the driver's license.

However, not all cases result in the same outcome.

Depending on factors such as the legality of the measurement process, the accuracy of the measurement timing, whether there were problems in the enforcement procedure, the minor nature of the reading, whether it is a first offense, and whether an accident occurred, there is ample room to contest the level of punishment and the scope of the administrative disposition.

If you have been caught for driving the day after drinking, rather than assuming that “it will be fine because it is the next day,” it is very important to accurately organize the circumstances of the case from the early stage and to set the direction of your response with the assistance of an attorney specializing in drunk driving cases.

Since an incorrect initial response can lead to unnecessarily heavy punishment, we recommend that you prepare a concrete solution through prompt legal consultation.