CONTENTS
- 1. A Client with a Prior Drunk Driving Record Involved in a Refusal of a Breathalyzer Test Case
- - Refusal of a Breathalyzer Test: Why Is It a Crime?
- 2. Two Techniques for Leniency in a Refusal of a Breathalyzer Test Case, Assisted by an Attorney
- - Are administrative measures applied to failure to comply with a breathalyzer test?
- - Identifying case issues
- - Techniques for Leniency ① Remorse and Criminal Record Within the Past Ten Years
- - Techniques for Leniency ② The Possibility of Hardship to the Family's Livelihood as the Breadwinner
- 3. Assistance for clients accused of failing to comply with a breathalyzer test
- - Argument from a drunk driving lawyer ① | Reflection and criminal history within the last 10 years
- - Argument from a drunk driving lawyer ② | Possibility of difficulty making a living
- 4. Refusal of a Breathalyzer Test: Leniency Obtained with a Minimal Fine
- - Refusal of a Breathalyzer Test: What Are the Benefits of Retaining an Attorney?
1. A Client with a Prior Drunk Driving Record Involved in a Refusal of a Breathalyzer Test Case
This is the case of a client involved in refusal of a breathalyzer test.
After drinking with friends until early morning, the client could not find a designated driver and ended up taking the wheel.
After arriving at an alley near home, the client turned off the engine and was sitting there when a passing police officer, observing the client's flushed face and slurred speech, requested a breathalyzer test.
The client, however, who already had a prior record of repeat drunk driving, refused the breath test more than four times in a flustered state, and ultimately came to be investigated for ‘refusal of a breathalyzer test.’
The client had refused the test out of fear of becoming a three-time drunk-driving offender, but instead came to be investigated for refusal of a breathalyzer test, and urgently requested a consultation with Daeryun's drunk driving attorney.
Refusal of a Breathalyzer Test: Why Is It a Crime?
Anyone who thinks, “I did not drink much, so I should just refuse the test and hold out,” may be in for a serious shock.
This is because the Road Traffic Act punishes the offense of refusing a breathalyzer test (the crime of refusing a breath alcohol test) as heavily as driving after drinking.
2. Two Techniques for Leniency in a Refusal of a Breathalyzer Test Case, Assisted by an Attorney
The drunk driving attorney handling the case of refusal of a breathalyzer test carefully developed a strategy to submit to the court, based on the fact that the client admitted everything and was remorseful.
· Confirmation of any criminal record over the past 10 years
· Organization of the situation of livelihood hardship resulting from criminal punishment
· Guidance on writing a letter of apology
Are administrative measures applied to failure to comply with a breathalyzer test?
In addition to criminal punishment, administrative punishment follows.If you fail to comply with a police officer's request for a breathalyzer test without justifiable cause, your driver's license will be immediately revoked.
This driver's license revocation can have a direct impact on the client's daily life and professional activities.
Identifying case issues
The main issue in this case was that the client acknowledged and confessed to all of his crimes.
Accordingly, in order to receive maximum leniency, we have formulated the following strategy.
· Check criminal history for the past 10 years
· Summary of difficulties in making a living due to criminal punishment
· Guidance on writing a reflection paper
Techniques for Leniency ① Remorse and Criminal Record Within the Past Ten Years
Has been a very exemplary driver over the past 10 years
The client admits the charge of refusal of a breathalyzer test and is currently reflecting deeply on his wrongdoing.
It was emphasized that, although the client had previously been sentenced to a fine for drunk driving, over the most recent 10 years he had no record of being punished or caught for a traffic law violation such as drunk driving.
In response, the drunk driving specialist attorney structured the content of the letter of reflection in detail so that the client could sincerely express his wrongdoing, and provided the assistance needed for the legal response by carefully guiding him through the entire submission procedure after it was written.
Techniques for Leniency ② The Possibility of Hardship to the Family's Livelihood as the Breadwinner
Severe punishment results in the collapse of the family’s livelihood
The client was recently in difficult circumstances, with income greatly reduced as wages were withheld at work, barely covering living expenses even by resorting to credit card loans.
Moreover, the client, who was raising three children alone, was in an even more dire state of mind because, in the event of an actual prison sentence due to this charge of refusal of a breathalyzer test, dismissal from work was certain.
Accordingly, the drunk driving attorney submitted to the court bank account records, loan supporting materials, and the fact of a recent divorce lawsuit, and demonstrated through objective figures and documents, so as not to appeal to emotion alone, that “if A receives heavy punishment, the family’s livelihood will be completely paralyzed.”
3. Assistance for clients accused of failing to comply with a breathalyzer test
The client for failing to comply with a breathalyzer test made the following arguments so that he could be sentenced to a minor fine in this case.
Argument from a drunk driving lawyer ① | Reflection and criminal history within the last 10 years
The client admitted to the charge of failing to comply with a breathalyzer test and is currently deeply reflecting on his mistakes.
In addition, it was emphasized that there has been no history of punishment or crackdown for traffic law violations, such as drunk driving, in the past 10 years.
Accordingly, a drunk driving lawyer specifically structured the contents of the reflection statement so that the client could express his or her mistakes sincerely, carefully guided the entire submission process after writing, and provided assistance necessary for legal action.
Argument from a drunk driving lawyer ② | Possibility of difficulty making a living
A drunk driving lawyer carefully considered the possibility of difficulty making a living due to criminal punishment to ensure that the client received maximum leniency.
The client's income is currently decreasing due to a decrease in work, and he was having a difficult time using credit card loans to cover living expenses.
Accordingly, a lawyer specializing in drunk driving compiled detailed data, such as decreased income and loan use history, and based on this, argued that the client's difficult circumstances were grounds for leniency.
4. Refusal of a Breathalyzer Test: Leniency Obtained with a Minimal Fine
As a result of assisting the client charged with refusal of a breathalyzer test, the court rendered a judgment imposing on the client a minor fine of 5 million won.
This was the minimum fine that could be imposed for the charge of refusal of a breathalyzer test, and the client expressed gratitude that they were able to maintain their means of livelihood as a result.
💡 Related precedent : A mere report of suspected drunk driving does not create an obligation to comply with a police request for a breath test
Recently, an acquittal was rendered for A, who was indicted for refusing a breath test requested by police officers who had been dispatched following a third party's report that drunk driving was suspected, while A was drinking at a restaurant two hours after finishing driving.
The court held that, based solely on a speculative report and A's state of intoxication at a point three hours after driving, it was difficult to find that the police had a legal substantial reason to request a breath test.
As shown here, if there is no substantial reason for a breath test request, an acquittal may be obtained on the ground of refusal of an unlawful test request, so when undergoing an investigation for refusal of a breathalyzer test it is advisable to examine the matter closely by retaining an attorney.
Refusal of a Breathalyzer Test: What Are the Benefits of Retaining an Attorney?
Refusal of a breathalyzer test can lead not only to criminal punishment but also to administrative dispositions such as revocation of a driver's license, so it is advisable to obtain professional assistance from the early stage of the case.
At this firm, a DUI attorney with extensive experience in drunk driving cases such as refusal of a breathalyzer test personally conducts the consultation with the client and provides detailed assistance with the steps needed to resolve the case, including reviewing the circumstances, gathering relevant evidence, establishing a legal response strategy, and guiding the preparation of a letter of apology.
Daeryun, the ninth-largest law firm in Korea (* based on 2025 value-added tax filings with the National Tax Service), provides legal assistance tailored to each client's situation under the direction of specialized attorneys with extensive experience and expertise.
If you have become involved in refusal of a breathalyzer test as described above, please book a consultation through the 🔗legal consultation booking page of Daeryun Law Firm.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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