I was caught for DUI for the third time. Will I unconditionally receive an actual prison sentence?

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DUI repeat offense

DUI specialist attorney

three DUI offenses

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作者: 박동일

Under the Road Traffic Act, those caught for DUI three or more times are naturally subject to aggravated punishment.

As in your story, if this is the third time being caught for DUI, the possibility of receiving an actual prison sentence is very high.

Although the blood alcohol concentration cannot be confirmed from your question alone, depending on the alcohol level, if your license has been revoked or you have a record of repeated DUI offenses, you may be recognized as a habitual offender and receive even heavier punishment.

The DUI repeat offense punishment standards have been strengthened, so from 2025, if you have committed DUI two or more times, you will definitely be subject to prosecution. Depending on the case, you may also be subject to detention investigation.

If you are a driver who habitually violates the Road Traffic Act like the questioner, you may receive a license revocation. In particular, if you have received a license suspension three or more times within 5 years, you cannot even file an objection to the license disposition.

However, even with three DUI offenses, an actual prison sentence is not necessarily confirmed. If extenuating circumstances are actively explained through the assistance of a DUI specialist attorney, there is a possibility of mitigation.

In fact, our firm has cases where we concluded the cases of clients caught for DUI 3 or more times with suspended sentences, or concluded with fines despite the 4th DUI offense.

In your case, if you can prove that the incident occurred while moving the vehicle for someone else and that you did not have the intention of personally driving on the road, there is room for mitigation considering extenuating circumstances.

Also, if no significant accident occurred after the DUI and the damage was not great, the court may consider leniency.

Since the case of three DUI offenses itself is very serious, if you want to avoid DUI repeat offense punishment and an actual prison sentence, active response through retaining a DUI specialist attorney is necessary.