Attorney for refusal of a breathalyzer test, do I have to take a breathalyzer test even when riding an electric kickboard?

Hello. This is an attorney for refusal of a breathalyzer test at Daeryun Law LLC.

If you operated an electric kickboard while intoxicated, this constitutes drunk driving, and you must comply with a police officer's request for a breathalyzer test.

First, an electric kickboard is classified as a personal mobility device under the Road Traffic Act.

The obligation not to drive while intoxicated applies equally to a person operating such a personal mobility device.

In other words, drunk driving is established when a person operates an electric kickboard with a blood alcohol concentration of 0.03% or higher.

A violation results in a penalty fine of 100,000 won, and separately from the fine, administrative dispositions such as suspension or revocation of the driver's license may also be imposed.

In addition, a police officer may request a breathalyzer test to confirm intoxication when the officer deems it necessary for traffic safety or when there are reasonable grounds to believe that the person operated an electric kickboard while intoxicated.

In this case, the driver must comply with the test, and refusing it without justifiable grounds constitutes refusal of a breathalyzer test.

If a person refuses or does not comply with a police officer's request for a breathalyzer test while operating an electric kickboard, a penalty fine of 130,000 won is imposed.

For detailed matters concerning refusal of a breathalyzer test, you may wish to confirm them through a consultation with an attorney handling such cases.

Such an attorney reviews whether refusal of a breathalyzer test is established and the scope of applicable legal liability, based on the circumstances at the time of enforcement and the investigative procedures.