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Q
In the case of repeat drunk driving, is it possible to obtain relief from license revocation?
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Ten years ago, I was caught drunk driving at a reading of 0.04%, and this time I was caught at 0.05%, which is already my second drunk driving offense. In both cases, my blood alcohol concentration did not reach the level for license revocation but only for license suspension. I would like to ask whether a repeat drunk driving offender is subject to license revocation regardless of the reading, and whether a person can file for relief from license revocation even as a repeat drunk driving offender.
repeat drunk driving
Answer to Related Inquiry
Author: 박동일
Under the Road Traffic Act, a repeat drunk driving offense does not automatically result in license revocation regardless of the reading.
Whether a license is revoked or suspended is determined by the blood alcohol concentration. A reading of 0.03% to less than 0.08% falls under license suspension, while a reading of 0.08% or higher meets the standard for revocation. In your case, neither of the two drunk driving incidents meets the standard for revocation, so a repeat offense alone does not appear to be a ground for revoking your license.
However, investigative agencies and administrative agencies may consider aggravated punishment in the case of a repeat drunk driving offender, and where there is a prior record, a stricter administrative disposition for drunk driving may be imposed.
You may also file an objection to a driver's license disposition, but in that case you must file the objection within 60 days from the date on which you received the disposition.
If driving is your means of livelihood, or if, as a model driver, you have engaged in traffic volunteer activities for three years or more and received a commendation from a chief of police or higher, the administrative disposition may be mitigated.
Regardless of whether you file an objection, you may also seek relief through an administrative appeal or administrative litigation.
If you are at risk of having your license revoked due to a repeat drunk driving offense, you may wish to prepare a response, including mitigation of the penalty, through a consultation with an attorney experienced in drunk driving cases.
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Nakhyeong Kim
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Experience as Chief Judge of Daegu District Court and Judge of Busan High Court

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