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Q

In the case of a third-time DUI, is the possibility of detention high?

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I made the mistake of drunk driving after a company dinner and got caught at a checkpoint. I had been drinking, and worried that a high reading would lead to harsh punishment, I panicked and refused the breathalyzer while causing a disturbance. I know now that it was the wrong choice, but as the police investigation approaches, I'm scared. What punishment do you face for refusing a breathalyzer test? How should I respond? I'd also like to know if refusing a breathalyzer counts as obstruction of official duties.

third-time DUI

A

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If you commit DUI again while having 2 or more DUI records within the last 5 years, the possibility of detention investigation and detention trial is very high upon detection of a third-time DUI.

This is because investigative agencies have strengthened detention standards for DUI cases, and especially for those caught for DUI 3 or more times, the possibility of detention investigation has increased.

If detained for DUI, unless there are special circumstances, you will be investigated and tried in detention until the trial ends, making it difficult to receive sufficient assistance from your attorney and respond appropriately.

If detained, not only is the exercise of the right of defense in the investigation and trial process restricted, but serious disadvantages may also occur in your workplace, family, and social life, and the possibility of leading to actual imprisonment if found guilty also increases.

Therefore, third-time or more DUI cases are serious matters where you must consider not only simple fines but also the possibility of actual imprisonment and detention, so it is very important to quickly receive an attorney's assistance before and after detection.

For specific matters related to third-time DUI, please consult with an attorney.

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