Are there cases in which administrative appeal relief for drunk driving is not granted?

Administrative appeal relief for drunk driving is not a system under which relief is possible for every license revocation disposition.

In the following cases, in principle, mitigation or relief is not recognized, or the matter does not become subject to adjudication at all.

First, cases in which relief is restricted by law include the following: a case falling under the three-strikes rule, refusal of a breath test, a case in which a license was obtained despite grounds for disqualification, a case in which a license was obtained by false or fraudulent means, driving during a suspension period or obtaining a license during it, failure to undergo an aptitude test, theft or robbery of a vehicle, assault of an enforcing police officer, driving an unregistered vehicle, falling under grounds for cancellation of a provisional license, and a request for cancellation under another law.

Such administrative appeal relief matters for drunk driving are assessed as serious violations of law, so mitigation through an administrative appeal is not permitted.

In addition, matters in which the degree of violation is serious fall under cases in which the appeal request was dismissed, such as committing drunk driving again while having a record of a crime committed using a vehicle, a case in which a license was revoked for drunk driving where there was a fatal accident record within the past 10 years, driving during a suspension period, a confinement crime committed using a vehicle, and lending a license.

Furthermore, in a case where the period for requesting administrative appeal relief for drunk driving has elapsed (within 90 days from the date of becoming aware, and exceeding 180 days from the date of the disposition), or in a case where the disposition character is not recognized, such as a simple imposition of penalty points, the matter does not become subject to review and is therefore rejected.