CONTENTS
- 1. The Story of the Client Who Requested Assistance From a Drunk Driving Attorney
- - The Dangers of Hangover Driving Explained by a Drunk Driving Attorney
- - Penalty Levels by Blood Alcohol Concentration
- 2. Assistance Provided by the Drunk Driving Attorney
- - The Client Shows Deep Remorse for the Wrongdoing
- - Being Caught for Hangover Driving
- 3. Outcome of the Drunk Driving Attorney's Assistance
- - Defending against an Actual Sentence for Hangover Driving, Why a Drunk Driving (DUI) Attorney's Assistance May Be Needed
1. The Story of the Client Who Requested Assistance From a Drunk Driving Attorney
The client who came to the drunk driving attorney had drunk alcohol at a gathering the previous day and fallen asleep, and then drove the next day while not yet fully recovered from the hangover, placing the client at risk of punishment.
Although the client had drunk a lot, the client took the wheel judging that the intoxication had worn off.
The next day, while returning home, the client underwent a breath test by a police officer and was caught with a blood alcohol concentration of 0.082%.
To avoid an actual custodial sentence in the drunk driving trial, the client promptly requested help from the drunk driving attorney at Law Firm Daeryun.
The Dangers of Hangover Driving Explained by a Drunk Driving Attorney
The drunk driving attorney examined matters related to hangover driving.
Hangover driving refers to driving in a state where the blood alcohol concentration exceeds the enforcement threshold because, although some time has passed after consuming alcohol, not enough time has passed.
Because the time for alcohol to fully break down differs from person to person, rather than getting behind the wheel right the next day, one should refrain from driving at least until the morning.
There are cases where one is caught despite having rested sufficiently, and there are many cases where a person ends up serving a prison term over alcohol consumed not even the same day but the day before, so it is important to drive only in a fully detoxified state.
Penalty Levels by Blood Alcohol Concentration
As casualties caused by drunk driving have increased, the level of punishment has also been strengthened.
The 🔗drunk driving sentence by blood alcohol concentration is as follows.
In the case of a first instance of drunk driving within 10 years
| 0.03% to less than 0.08% | Imprisonment for not more than 1 year or a fine not exceeding 5 million won |
| 0.08% to less than 0.2% | Imprisonment for 1 to 2 years or a fine of 5 million to 10 million won |
| 0.2% or more | Imprisonment for 2 to 5 years or a fine of 10 million to 20 million won |
| Refusal of a breathalyzer test | Imprisonment for 1 to 5 years or a fine of 5 million to 20 million won |
In the case of a second instance of drunk driving within 10 years
| 0.03% to less than 0.2% | Imprisonment for 1 to 5 years or a fine of 5 million to 20 million won |
| 0.2% or more | Imprisonment for 2 to 6 years or a fine of 10 million to 30 million won |
| Refusal of a breathalyzer test | Imprisonment for 1 to 6 years or a fine of 5 million to 30 million won |
2. Assistance Provided by the Drunk Driving Attorney
The client assisted by the drunk driving attorney in this case had previously been criminally punished for drunk driving, so it appeared difficult to avoid punishment this time as well, and the following mitigation strategy was established.
The Client Shows Deep Remorse for the Wrongdoing
The drunk driving attorney argued that the client, in such a case, had been unable to explain his circumstances at the first instance and had been detained, and that through life in detention he had deeply reflected on and repented of his crime.
The attorney also submitted the client's handwritten letter of reflection and requested leniency, emphasizing that the client sincerely acknowledged his offense, that he had actively cooperated with the investigation from the time of detection, and that he had sold his vehicle in order never to drive while intoxicated again.
In addition, the attorney requested that consideration be given to the fact that the client is the head of a household supporting his mother alone and earns a living through short-term part-time work, so that if he were imprisoned there would be no one to care for her.
Being Caught for Hangover Driving
The drunk driving attorney asserted that, at the time of the incident, the client had not driven immediately after drinking, but had taken the wheel believing that he had sobered up after sleeping sufficiently following the previous day's drinking, and that he had not thought it would still have an effect into the next morning, so he had by no means driven under the influence intentionally.
On this basis, the attorney argued that the criminal intent appeared rather weak, and that there were also no circumstances at the time he took the wheel, given the surrounding road traffic conditions, from which it could be found that the client had created a danger, requesting that these reasons be taken into account in sentencing.
3. Outcome of the Drunk Driving Attorney's Assistance
The court, accepting the arguments of the drunk driving attorney, rendered a suspended sentence to the client.
The client, who thereby avoided an actual custodial sentence, expressed deep gratitude to the drunk driving attorney and stated that the client would never commit a crime again.
Defending against an Actual Sentence for Hangover Driving, Why a Drunk Driving (DUI) Attorney's Assistance May Be Needed
Drunk driving enforcement has been strengthened recently.
Complacently assuming that one has sufficiently recovered from the effects of alcohol after drinking can make it difficult to avoid greater punishment.
Hangover driving is treated the same as being caught for drunk driving, so it is necessary to respond with the assistance of a specialized attorney from the early stages of the investigation in order to obtain leniency.
Cooperating with the investigative authorities, following the court's instructions, showing a genuinely remorseful attitude toward one's wrongdoing, or demonstrating that there is no intention to reoffend can also act as factors in mitigation and may lead to leniency.
At Daeryun Law Firm, drunk driving attorneys who will respond firmly to hangover drunk driving and drunk driving cases work as one team to provide tailored legal services for clients' cases and resolve them.
If you are at risk of punishment for hangover driving, we hope you will obtain the assistance of a Daeryun Law Firm drunk driving attorney.
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.
