Drunk Driving Law Firm Assistance Case | Client Charged With Refusal of a Breath Test, Fine

The client of the drunk driving law firm had, on the day of the incident, finished a company dinner with a business contact and was preparing to head home.

Because it was late and no designated driver was available, the client, thinking it would be fine over such a short distance, ended up taking the wheel.

Police dispatched after a citizen's report requested a breath test, but fearing that the drinking would be discovered, the client refused it.

Facing the risk of criminal punishment, the client requested assistance from the drunk driving law firm in order to avoid an actual custodial sentence.

Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)

If a person refuses a police breathalyzer test without justifiable cause, the person is subject to the following punishment.

In addition, if a person who has been sentenced to a fine or more reoffends within 10 years, the person is subject to more severe punishment.

In addition, refusing a breathalyzer test can lead to an administrative disposition revoking the license, so if a police officer requests a breathalyzer test, you must comply with it.

The client admitted all of their wrongdoing and participated faithfully in the police investigation.

The client also demonstrated a resolve not to repeat drunk driving, such as by preparing a written pledge to eradicate drunk driving and a written pledge regarding driving without a license.

On this basis, we emphasized that the client was sufficiently remorseful for their conduct and appealed for leniency for the client.

The client acknowledged his wrongdoing and completed an educational program for the prevention of repeat drunk driving in order not to reoffend.

He also sold his own vehicle, thereby eliminating any possibility of driving during the period when his license was revoked.

Through these actions by the client, it was emphasized that he was making efforts not to reoffend.

The client was a first-time offender who had never been subject to any police investigation or punishment.

The client also customarily used a designated driver service, and tried to use one on the day of the incident as well, but could not because of the late hour.

It was emphasized that the client was a first-time offender who had led a diligent life.

This was the case of a client who was at risk of receiving an actual custodial sentence for refusal of a breathalyzer test, but who was able to defend the case down to a small fine through the assistance of a drunk driving law firm.

As shown here, refusing a breathalyzer test can result not only in severe criminal punishment but also in an administrative sanction of license revocation, so greater caution is required.

At Law Firm Daeryun, attorneys who have handled many drunk driving cases review the degree of fault promptly based on analysis of similar precedents, responding accurately and quickly to the client's case.

If, as in this client's situation, you are at risk of criminal punishment for refusing a breathalyzer test, you may seek the assistance of the drunk driving law firm through a 🔗legal consultation reservation.