A Case Concluded with a Minor Fine for a Repeat Drunk Driving Client Charged with Refusal of a Breathalyzer Test

Anyone who thinks, “I did not drink much, so I should just refuse the test and hold out,” may be in for a serious shock.

This is because the Road Traffic Act punishes the offense of refusing a breathalyzer test (the crime of refusing a breath alcohol test) as heavily as driving after drinking.

• Imprisonment or a fine: One may face imprisonment of between 1 and 5 years or a fine of at least 5 million won and up to 20 million won.
• Immediate license revocation: The driver's license is revoked at once, with no room for excuse. For those who must drive for their commute or livelihood, this is a severe sanction.
• Aggravated punishment for scuffling with the police: Pushing or insulting a police officer in a fit of anger adds the offense of obstruction of official duties, which sharply increases the likelihood of imprisonment.

In addition to criminal punishment, administrative punishment follows.If you fail to comply with a police officer's request for a breathalyzer test without justifiable cause, your driver's license will be immediately revoked.

This driver's license revocation can have a direct impact on the client's daily life and professional activities.

The main issue in this case was that the client acknowledged and confessed to all of his crimes.

Accordingly, in order to receive maximum leniency, we have formulated the following strategy.

Has been a very exemplary driver over the past 10 years

The client admits the charge of refusal of a breathalyzer test and is currently reflecting deeply on his wrongdoing.

It was emphasized that, although the client had previously been sentenced to a fine for drunk driving, over the most recent 10 years he had no record of being punished or caught for a traffic law violation such as drunk driving.

In response, the drunk driving specialist attorney structured the content of the letter of reflection in detail so that the client could sincerely express his wrongdoing, and provided the assistance needed for the legal response by carefully guiding him through the entire submission procedure after it was written.

Severe punishment results in the collapse of the family’s livelihood

The client was recently in difficult circumstances, with income greatly reduced as wages were withheld at work, barely covering living expenses even by resorting to credit card loans.

Moreover, the client, who was raising three children alone, was in an even more dire state of mind because, in the event of an actual prison sentence due to this charge of refusal of a breathalyzer test, dismissal from work was certain.

Accordingly, the drunk driving attorney submitted to the court bank account records, loan supporting materials, and the fact of a recent divorce lawsuit, and demonstrated through objective figures and documents, so as not to appeal to emotion alone, that “if A receives heavy punishment, the family’s livelihood will be completely paralyzed.”

The client admitted to the charge of failing to comply with a breathalyzer test and is currently deeply reflecting on his mistakes.

In addition, it was emphasized that there has been no history of punishment or crackdown for traffic law violations, such as drunk driving, in the past 10 years.

Accordingly, a drunk driving lawyer specifically structured the contents of the reflection statement so that the client could express his or her mistakes sincerely, carefully guided the entire submission process after writing, and provided assistance necessary for legal action.

A drunk driving lawyer carefully considered the possibility of difficulty making a living due to criminal punishment to ensure that the client received maximum leniency.

The client's income is currently decreasing due to a decrease in work, and he was having a difficult time using credit card loans to cover living expenses.

Accordingly, a lawyer specializing in drunk driving compiled detailed data, such as decreased income and loan use history, and based on this, argued that the client's difficult circumstances were grounds for leniency.

Refusal of a breathalyzer test can lead not only to criminal punishment but also to administrative dispositions such as revocation of a driver's license, so it is advisable to obtain professional assistance from the early stage of the case.

At this firm, a DUI attorney with extensive experience in drunk driving cases such as refusal of a breathalyzer test personally conducts the consultation with the client and provides detailed assistance with the steps needed to resolve the case, including reviewing the circumstances, gathering relevant evidence, establishing a legal response strategy, and guiding the preparation of a letter of apology.

Daeryun, the ninth-largest law firm in Korea (* based on 2025 value-added tax filings with the National Tax Service), provides legal assistance tailored to each client's situation under the direction of specialized attorneys with extensive experience and expertise.

If you have become involved in refusal of a breathalyzer test as described above, please book a consultation through the 🔗legal consultation booking page of Daeryun Law Firm.