If the level warrants license revocation, is criminal punishment for drunk driving unconditionally imposed?

Hello. I am an attorney at Daeryun Law Firm specializing in criminal drunk driving cases.

As in your question, if you are caught with a blood alcohol concentration of 0.08% or higher, you become subject to revocation of your driver's license under the Road Traffic Act, and separately from this, criminal punishment for drunk driving may also be imposed.

Because drunk driving is treated as a crime under the Criminal Act based on the level at the time of the check alone, criminal liability follows when a certain standard is exceeded, regardless of whether there was an accident.

In particular, a blood alcohol concentration of 0.08% or higher is not merely at the level of an administrative disposition but is a level subject to criminal punishment by a fine or imprisonment, and it is generally common for a criminal case to be booked.

However, the actual level of criminal punishment for drunk driving is determined by various factors in addition to the level.

Various factors, such as whether it is a first offense or a repeat offense, the circumstances and purpose of the drinking, the driving distance, whether there was an accident, the driver's attitude, and the degree of remorse, are considered, and, for example, in the case of a first offense with a relatively low level of danger compared to the amount of alcohol consumed, there is also a possibility that the matter will be concluded with a summary order or a fine.

However, conversely, in the case of a repeat offense or where intent was emphasized due to a mistaken statement at the time of the check, the possibility of imprisonment cannot be excluded.

Therefore, the same punishment is not unconditionally applied simply because the level warrants license revocation, and the result can vary greatly depending on what statements are made in the initial response and what materials are prepared with the assistance of counsel.

The higher the level at the check, the more important it is to promptly set the direction of the legal response together with an attorney who has experience responding to criminal punishment for drunk driving.