[Contribution] Driver's license revocation canceled despite 0.418% breathalyzer test reading... reasonable decision

Attorney Minsoo Kim of Daeryun Law Firm

The Road Traffic Act stipulates that a blood alcohol concentration of 0.08% or higher is the standard for driver's license cancellation. If a higher figure than this is confirmed during the drunk driving crackdown, the majority will decide that the result cannot be reversed and give up. However, driver's license cancellation is not decided solely by mechanical numbers. This is because the facts on which administrative dispositions are based must be supported by objective evidence. Recently, the Incheon District Court issued a reasonable ruling reaffirming this legal principle.

The client was caught drinking while driving a two-wheeled vehicle, and his blood alcohol content was 0.418%. This figure is five times higher than the standard for license cancellation, and is a dangerous level that is accompanied by decreased consciousness or breathing difficulties. The police revoked the driver's license based on this. The client applied for an administrative trial separately from the criminal case, but it was also dismissed, and an administrative lawsuit was filed.

The lawyers in charge of the lawsuit checked the CCTV at the time to understand the situation at the time. The client drove according to the traffic lights and was also seen steering the wheel to avoid a taxi that suddenly appeared at the intersection. There were also circumstances that were far from intoxicated, such as having a clear conversation with a police officer who was dispatched after being caught drunk. Based on this, the lawyers in charge emphasized that the breathalyzer test values ​​did not correspond to the actual state at the time.

As a result, the court ruled in favor of the client, canceling the driver's license cancellation. This was the result of a comprehensive examination of the contradictions between the breathalyzer test values ​​and the actual circumstances at the time. The court found that based on the submitted evidence alone, there was no evidence to admit that the client drove the vehicle while intoxicated more than 0.08%. This is an example that clearly shows that more serious administrative dispositions must be based on objective data and legal procedures.

In practice, there are many cases where response is given up simply because the drunkenness control level is high. However, the obvious discrepancy between mechanical breathalyzer test values ​​and actual driving conditions is a critical basis for destroying the reliability of the results. Therefore, it is most important to quickly secure objective data to prove the actual situation, such as a black box containing the driving route at the time of the crackdown or conversations with nearby CCTV police officers. If you do not succumb to the pressure of breathalyzer test results and legally prove the discrepancy between the actual truth and the data, you can be relieved from the harsh punishment of license revocation.

In particular, driver's license cancellation is often directly related to livelihood. Therefore, if there are unfair circumstances, rather than concluding that “the shame has come out and it is over,” efforts should be made to uncover the substantive truth by carefully reconstructing the objective circumstances with legal experts.
● Contributions by external writers may differ from our editorial direction.

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[Contribution] Driver's license revocation canceled despite 0.418% breathalyzer test result... Reasonable Judgment (Shortcut)