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Deals & Cases

Objection to an Administrative Disposition on a Driver's License

Assistance With a Drunk Driving License Revocation | License Revocation for Drunk Driving Reduced to a Suspension

The client who came regarding a drunk driving license revocation had received a disposition revoking his driver's license for a drunk driving offense, and he sought a drunk driving attorney in order to obtain legal advice and to file an objection together.

CONTENTS
  • 1. The Client Who Came Regarding a Drunk Driving License Revocation
    • - The Client Who Requested Relief From a License Revocation
  • 2. A Closer Look at the Provisions on Drunk Driving License Revocation
    • - Administrative Disposition for Drunk Driving
    • - Methods of Relief From an Administrative Disposition for Drunk Driving
  • 3. Assistance Provided in the Drunk Driving License Revocation
    • - Assistance Point ① Maintaining a Livelihood
    • - Assistance Point ② Whether Any Harm Occurred
    • - Assistance Point ③ Willingness to Improve
  • 4. Result of Assistance With a Drunk Driving License Revocation: A Suspension Disposition
    • - If You Need Relief From a License Revocation

1. The Client Who Came Regarding a Drunk Driving License Revocation

Drunk Driving License Revocation

The client who came regarding a drunk driving license revocation had received a disposition revoking his driver's license on a charge of drunk driving, and considering this disposition somewhat excessive, he came to Daeryun and explained the circumstances of the case.

The Client Who Requested Relief From a License Revocation

The client's account, learned in detail through a consultation with the drunk driving attorney, is as follows.

The client was driving home in an intoxicated state after drinking with friends.

Shortly afterward, the client encountered police conducting a drunk driving checkpoint and, following the officers' instructions, stopped the vehicle and submitted to a breathalyzer test.

The test result showed that the client's blood alcohol concentration exceeded the threshold, and the client therefore received a disposition revoking his driver's license.

Considering the license revocation disposition somewhat excessive, the client wished to change the disposition through an objection.

The client sought help from a drunk driving attorney in order to receive a concrete solution from an attorney and to succeed in 🔗relief from the license revocation.

2. A Closer Look at the Provisions on Drunk Driving License Revocation

We will take a detailed look at the administrative disposition for a drunk driving license revocation and the methods of relief.

Administrative Disposition for Drunk Driving

The administrative disposition for drunk driving is applied on a graduated basis according to the driver's blood alcohol concentration. The specific dispositions are shown in the table below.

Category

Administrative Disposition

Blood alcohol concentration 0.03% to below 0.08%

100-day license suspension

Blood alcohol concentration 0.08% or higher

License revocation for 1 year

Refusal of a breathalyzer test

License revocation for 2 years

Caught for drunk driving two or more times

License revocation for 3 years

Methods of Relief From an Administrative Disposition for Drunk Driving

To file an objection to a drunk driving license revocation disposition, a person may file the objection with the Commissioner of the relevant City or Provincial Police Agency within 60 days from the date the disposition was received.

① A person who objects to a disposition revoking or suspending a driver's license, or to a disposition revoking a provisional driver's license, may file an objection with the Commissioner of the City or Provincial Police Agency within 60 days from the date the disposition was received (Article 94 of the Road Traffic Act).
② To ensure fairness, the review of the objection is conducted by the Driver's License Administrative Disposition Objection Review Committee (see Article 96 of the Enforcement Rule of the Road Traffic Act).

After reviewing the submitted objection, the Police Agency Commissioner conducts a reexamination if necessary and follows the procedure of notifying the result.

3. Assistance Provided in the Drunk Driving License Revocation

The drunk driving attorney closely reviewed the case in order to succeed in mitigating the disposition.

The attorney made the following arguments and earnestly appealed for leniency on the client's behalf.

Assistance Point ① Maintaining a Livelihood

The client had worked for a long time as a cargo transport worker.

If driving became impossible due to the disposition in this case, the client would no longer be able to perform his work, leaving him unable to earn a living.

On this basis, the attorney emphasized that the operation of a vehicle was absolutely necessary as an important means for the client to maintain his livelihood.

Assistance Point ② Whether Any Harm Occurred

The client had never refused a breathalyzer request or obstructed official duties.

The client also had no prior history of drunk driving, and no victim resulted from this case.

On this basis, the attorney emphasized that mitigation of the license revocation disposition was warranted for the client.

Assistance Point ③ Willingness to Improve

The client is determined never to engage in drunk driving again.

To put this into practice, the client showed continued remorse and completed a drunk driving education course.

The attorney emphasized that the client accurately recognizes his wrongdoing and is making efforts on his own to improve, so the risk of reoffending is low.

4. Result of Assistance With a Drunk Driving License Revocation: A Suspension Disposition

The client, who proceeded with the case together with an attorney, was able to have the license revocation reduced to a ‘suspension disposition.’

The client expressed deep gratitude to Daeryun for the considerable help provided.

If You Need Relief From a License Revocation

In the case above, a client who had received a drunk driving license revocation succeeded in having the disposition changed through the assistance of an attorney.

At Daeryun, attorneys experienced in handling many drunk driving cases respond to each matter systematically, thoroughly reviewing the unfairness of a disposition and any procedural defects.

Working closely with professionals across various fields, they provide clients with one-stop legal services tailored to each situation.

If you need relief from a drunk driving license revocation, please request a consultation and entrust your case through the 🔗Legal Consultation Booking.

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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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