What punishment do I face if I refuse a breathalyzer test?

Under the Road Traffic Act, if a person refuses, without justifiable reason, the police's legitimate request for a breathalyzer test, they may be subject to imprisonment for at least one year and up to five years, or a fine of at least 5 million won and up to 20 million won, and it is a matter that can result in license revocation.

Because a refusal to be tested is judged to involve an intent to conceal one's drinking state, the severity of punishment is high even for a first offense.

Even if the actual blood alcohol concentration was not measured, if the request to be tested was legitimate and the person did not comply, the mere act of avoiding it cannot escape criminal punishment.

If, in the course of refusing the test, verbal abuse of the police officer, destruction of property, or assault resulting from physical resistance was involved, the crime of obstruction of official duties may additionally be applied.

In this case, since it becomes a separate crime, punishment is imposed separately from the refusal of the breathalyzer test.

In such a situation, merely submitting a letter of apology is not sufficient, and an explanation of the circumstances at the time of the refusal is important.

It is necessary to sufficiently prepare materials that prove your will to prevent reoffending and your efforts to restore social trust, such as completion of drunk driving prevention education, a petition, and documents explaining your workplace and family circumstances.

A strategic response of subsequently submitting these to the investigative agency or the court so that they are considered as sentencing factors is important, and the level of criminal punishment and whether the case proceeds without detention may also vary depending on this process.

Therefore, it is necessary, from now on, to sincerely cooperate with the police investigation and to carefully review matters such as whether the police's breathalyzer procedure was lawful and whether your health condition or your mental and physical situation at the time affected your refusal of the breathalyzer test.