Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Drunk driving attorney, I am curious about the level of punishment for refusing a breathalyzer test.

Hello, drunk driving attorney. In the evening I was drinking, and after an argument with a friend I felt very frustrated, so I drove out to relieve my anger. Then the police came and asked me to take a breathalyzer test, but I refused, so I have now been booked on suspicion of refusing a breathalyzer test. I am curious about the level of punishment in this case.

Drunk driving attorney

Answer to Related Inquiry

Author: 박동일

Hello. This is a drunk driving attorney at Daeryun Law LLC.

Under the Road Traffic Act, where there are reasonable grounds to find that a driver operated an automobile, tram, bicycle, or the like while intoxicated, the police may request a breath test.

If the driver refuses the breathalyzer test at this point, they may be subject to imprisonment for at least 1 year and up to 5 years, or a fine of at least 5 million won and up to 20 million won.

Refusal of a breathalyzer test tends to be assessed more seriously than simple drunk driving.

This is because it is regarded as an obstruction of the investigation and an attempt to conceal evidence.

For this reason, there is a greater likelihood of being disadvantaged at trial.

In fact, it is known that there are cases in which the fine for refusing a breathalyzer test comes out higher than the fine for drunk driving.

In addition, if you do not comply with the breathalyzer test, the police may arrest you immediately at the scene and may even apply for a detention warrant, so it is advisable to respond promptly with the help of a drunk driving attorney.

For details, we hope you will confirm the matter through a consultation with a drunk driving attorney.