Page title background (PC version)Page title background (mobile version)

Deals & Cases

Refusal of a breathalyzer test

Refusal of a Breathalyzer Test Assistance Case | A Suspended Sentence for a Client Who Refused a Breathalyzer Test

The client, who was indicted on the charge of refusal of a breathalyzer test, requested assistance from Daeryun's criminal attorney in order to promptly establish a defense strategy against punishment in a situation where the client had refused the police officer's request for a breath alcohol test.

CONTENTS
  • 1. The Client Charged With Refusal of a Breathalyzer Test
    • - How the Client Became Involved in the Case
  • 2. What Is Refusal of a Breathalyzer Test?
    • - Identifying the Issues in the Case
  • 3. Pleading Strategy for Refusal of a Breathalyzer Test
    • - Criminal Lawyer's Argument 1 | Low Likelihood of Recidivism
    • - Criminal Lawyer's Argument 2 | No Dangerous Situation Occurred
    • - Criminal Lawyer's Argument 3 | It Was Not an Intentional Refusal
  • 4. Result of the Refusal of a Breathalyzer Test Assistance: “Suspended Sentence”
    • - If You Have Refused a Breathalyzer Test

1. The Client Charged With Refusal of a Breathalyzer Test

Case of a suspended sentence obtained by a criminal defense attorney for refusal of a breathalyzer test

The client, who had been expected to receive an actual custodial sentence on a charge of refusal of a breathalyzer test, received a suspended sentence through the assistance of a criminal defense attorney and was able to resolve the case amicably.

How the Client Became Involved in the Case

After finishing an ancestral rite, the client drank alcohol and then pulled his vehicle over onto the shoulder of the road and fell asleep.

Thereafter, police who had received a report of drunk driving arrived in front of the client's vehicle and attempted a breath alcohol test, but the client refused.

Although he was not a livelihood driver, driving a vehicle was essential for the client, so he was greatly worried about the possibility of an actual custodial sentence.

He therefore promptly requested help from Daeryun's criminal law attorney in order to obtain a reduction of sentence.

2. What Is Refusal of a Breathalyzer Test?

Refusal of a breathalyzer test is a serious act that may result in heavier punishment than simple drunk driving.

If a person refuses a police officer's legitimate request for a breath test, a sentence of imprisonment may even be imposed, so particular caution is needed.

In addition, under the Road Traffic Act, a person's driver's license may be revoked if a breath test is refused, so caution is needed.

Road Traffic Act Article 148-2

Imprisonment for 1 to 5 years or a fine of 5 million to 20 million won

Identifying the Issues in the Case

The key issue in this case was whether the client had a justifiable reason for refusing the police's lawful request for a breath alcohol test.

The fact that he had been asleep in the vehicle and that whether he had actually driven was unclear operated as issues, and presenting a persuasive argument on this point was an important factor.

The criminal law attorney therefore closely examined the specific facts through consultation with the client and, by gathering the sentencing factors suited to the situation, prepared a defense strategy.

3. Pleading Strategy for Refusal of a Breathalyzer Test

Refusal of a breathalyzer test, criminal attorney preparing a defense strategy

The criminal attorney argued as follows in order for the client to receive a suspended sentence instead of an actual custodial sentence.

Criminal Lawyer's Argument 1 | Low Likelihood of Recidivism

The client has no particular criminal record within the past ten years, and on the occasion of this case has deeply reflected on his wrongdoing and even completed drunk driving prevention education.

On these grounds, the criminal attorney emphasized that the possibility of the client reoffending was very low and pleaded for leniency.

In addition, the attorney submitted the client's letter of reflection and the education completion materials as evidence so that the court could accept the client's sincere attitude.

Criminal Lawyer's Argument 2 | No Dangerous Situation Occurred

At the time of the incident, the client had consumed a small amount of alcohol, and the distance driven after drinking was only about 200m.

The criminal defense attorney closely analyzed the on-site CCTV, the client's statement, and the surrounding circumstances, and established that the driving distance was short and the risk of an accident was low.

On this basis, the attorney emphasized the fact that no accident or dangerous situation had actually occurred, and appealed for leniency.

Criminal Lawyer's Argument 3 | It Was Not an Intentional Refusal

The client initially complied with the request for a breath test and blew once, but when the test result did not come out properly and the police requested a re-test, he became flustered and refused it.

The criminal defense attorney actively assisted in reducing the level of punishment by proving, on the basis of the client's situation and statements at the time and the on-site footage, that it was not an intentional refusal.

4. Result of the Refusal of a Breathalyzer Test Assistance: “Suspended Sentence”

The need for the assistance of an attorney specializing in refusal of a breathalyzer test

As a result of assisting the client in the refusal of a breathalyzer test case, the court rendered a suspended sentence on the client's charge.

The client repeatedly expressed gratitude, saying that thanks to the criminal law attorney he was able to obtain a suspended sentence.

If You Have Refused a Breathalyzer Test

The case above is one in which a client facing police questioning on a charge of refusal of a breathalyzer test received the prompt assistance of a criminal attorney and obtained a suspended sentence.

A charge of refusal of a breathalyzer test carries very heavy punishment, as it involves not only the possibility of a sentence of imprisonment but also substantial disadvantages such as revocation of the driver's license.

Therefore, receiving the prompt response and assistance of a professional attorney in the early stages of the case is very important for minimizing the harm.

Accordingly, we quickly grasp the characteristics and issues of the case and provide a tailored strategy suited to the client's situation.

If you have been booked on a charge of refusal of a breathalyzer test, please request prompt assistance at any time through a legal consultation appointment with the law firm Daeryun.

음주측정거부

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.

Related Information
Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk