I would like to ask about the punishment level for DUI test refusal.

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Hello, I'd like to ask about the penalty level for refusing a breathalyzer test. I was driving under the influence and got caught at a checkpoint. I carelessly refused the test and caused a scene, but I was eventually caught. I've heard that refusing a breathalyzer leads to harsher punishment — is that true? Please let me know the penalty level for refusing a breathalyzer.

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作者: 박동일

Hello. I will explain the punishment level for DUI test refusal.

As you mentioned, the punishment level for DUI test refusal is quite severe.

If you refuse a DUI test, under the Road Traffic Act, you may face imprisonment of 1 to 5 years or a fine of 5 million to 20 million won.

In particular, refusing a test is not viewed as a simple refusal but as an attempt to refuse the lawful order of the investigative authorities and conceal the fact of DUI itself, so severe punishment can be imposed.

If there is a previous record of DUI, aggravated punishment may apply. When refusing a test, license revocation, or where disturbance, verbal abuse, or assault is accompanied, additional criminal liability such as obstruction of official duties may also become an issue.

If you are booked on charges of DUI test refusal, your driver's license may be revoked or suspended for up to 1 year.

If you are in a sensitive situation where promotion or employment is at stake, an even more careful and strategic response is needed.

First, you must show a sincere remorseful and genuine attitude. Also, it would be advisable to seek the assistance of a specialist attorney to devise a defense strategy against punishment.

Since the initial response in DUI test refusal cases can significantly affect the sentencing and personal circumstances, we recommend that you appoint an attorney as quickly as possible and concretize your response plan.