I was caught drunk driving for the third time; will I inevitably receive an actual custodial sentence?

​Under the Road Traffic Act, being caught for drunk driving three or more times is naturally subject to aggravated punishment.

As in your account, if this is a situation where you have been caught drunk driving for the third time, the likelihood of an actual prison sentence being imposed is very high.

From your question alone, the blood alcohol concentration cannot be confirmed, but depending on the alcohol level, if your license has been revoked or you have a record of repeatedly drunk driving, habitual conduct may be recognized and there is a possibility of heavier punishment.

The standards for punishing repeat drunk driving have been strengthened, so if you have driven under the influence two or more times, from 2025 you will certainly be subject to indictment. Depending on the case, the investigation may involve detention.

For a driver who has habitually violated the Road Traffic Act, as in your case, a license revocation disposition may be imposed, and in particular, where you have received a driver's license suspension disposition three or more times within five years, you cannot even file an objection to the driver's license disposition.

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However, even a third drunk-driving offense does not necessarily result in a confirmed custodial sentence, and if you actively demonstrate grounds for mitigating circumstances through the assistance of a drunk driving attorney, there is also a possibility of mitigation.

In fact, our firm has cases in which a client caught drunk driving three or more times was concluded with a suspended sentence, or in which, despite being a fourth drunk-driving offense, the matter was concluded with a fine.

In your case, if you can prove that it occurred while moving a vehicle and that you had no intention of actually driving on the road yourself, grounds for mitigating circumstances may be considered and there is room for a reduced sentence.

In addition, if no particular accident occurred after the drunk driving and the harm was not significant, there is also room for the court to consider leniency.

Because a third drunk-driving offense is itself very serious, if you wish to avoid the punishment for repeat drunk driving and an actual custodial sentence, an active response through retaining a drunk driving attorney is necessary.