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Should I retain a drunk driving attorney?

I have a prior record of being sentenced to a fine for drunk driving, and recently I was caught driving under the influence again. My blood alcohol concentration was not particularly high, but because I already have one prior conviction, I am worried that the punishment will be heavier. In particular, I heard that if a person commits drunk driving two or more times within ten years, the sentence becomes higher than for a first offense, so I would like to know whether there is a real possibility of an actual custodial sentence and whether retaining a drunk driving attorney is truly necessary in this case.

retaining a drunk driving attorney

Answer to Related Inquiry

Author: 박동일

Hello. This is an attorney experienced in drunk driving cases at Daeryun Law LLC.

In a drunk driving case where there is a prior record of drunk driving, punishment is imposed under standards entirely different from those for a first offense, so it is necessary to retain a drunk driving attorney and respond carefully from the early stages.

Under the current Road Traffic Act, being caught for drunk driving two or more times within ten years is classified as a repeat offense, and the level of punishment is substantially increased.

In the case of a repeat offense, this reaches a stage where a prison sentence or a suspended sentence is realistically considered, so even if the blood alcohol concentration is relatively low, the prior record itself operates as an unfavorable sentencing factor.

In addition, investigative agencies and the court focus, in repeat-offense cases, on “the likelihood of committing drunk driving again” and “the danger to traffic safety.”

In this process, if matters such as the circumstances of the drinking, the driving distance, the situation at the time of being caught, whether the offender shows remorse, and efforts to prevent reoffending are not specifically explained, the sentence may be aggravated.

Retaining a drunk driving attorney is not merely for the purpose of pleading for leniency, but rather a strategic means of systematically organizing whether the case constitutes a repeat offense, the time interval from the prior record, the actual level of danger, and the grounds for sentence mitigation, and of conveying them persuasively to the court from the investigation stage.

In particular, when there is already a record of a fine, it is important to construct a defense logic by comprehensively reviewing the legal principles and practice rather than responding alone.

Ultimately, if you are caught again while having a prior drunk driving record, this should not be viewed as a simple case, as it reaches a stage where the very level of criminal punishment changes.

Because this is a matter in which the possibility of an actual custodial sentence must be kept in mind, it is advisable to set the direction of your response from the early stages of the case with the assistance of an attorney who has extensive experience in drunk driving cases.

If retaining a drunk driving attorney is necessary, you may wish to visit a nearby Daeryun branch office for a consultation.