DUI & Traffic Accident Center · Case Type

If you were caught driving drunk,
check the reading and the time of the test first

In a drunk driving case, the sentence depends on which blood alcohol concentration (BAC) band you fall into, and above 0.08% your license is also revoked. What you check after the stop and what records you gather can make a large difference to the fine and the license decision.

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Key Points

  • A BAC of 0.03% or higher counts as being under the influence (Article 44(4) of the Road Traffic Act).
  • For a first offense, 0.03% to under 0.08% carries up to 1 year in prison or a fine of up to KRW 5 million; 0.08% to under 0.2% carries 1 to 2 years in prison or a fine of KRW 5 million to 10 million; 0.2% or higher carries 2 to 5 years in prison or a fine of KRW 10 million to 20 million.
  • 0.03% to under 0.08% leads to license suspension (100 penalty points); 0.08% or higher, or an accident in which someone was injured, leads to license revocation.
  • If driving is essential to your livelihood and other requirements are met, such as a BAC of 0.1% or lower, you can file an objection within 60 days of the decision to seek a reduced penalty.

BAC bands and penalties

Article 44(1) of the Road Traffic Act prohibits driving a motor vehicle, etc. while under the influence, and Article 44(4) sets the threshold at a BAC of 0.03%. The penalties for a first offense are set out by band in Article 148-2(3).

Criminal penalties for a first offense
BAC bandPrisonFine
0.03% to under 0.08%Up to 1 yearUp to KRW 5 million
0.08% to under 0.2%1 to 2 yearsKRW 5 million to 10 million
0.2% or higher2 to 5 yearsKRW 10 million to 20 million
License action and the period during which you cannot obtain a new license
SituationActionDisqualification
0.03% to under 0.08%Suspension, 100 penalty pointsNone
0.08% or higherRevocation1 year
0.03% or higher with an accident causing injuryRevocation (criminal liability under the Act on Special Cases Concerning the Settlement of Traffic Accidents (the “Traffic Accident Settlement Act”, 교통사고처리법) or for death and injury due to dangerous driving is added)2 years

License actions are based on Annex 28 of the Enforcement Rule of the Road Traffic Act. The disqualification period is the time after revocation during which you cannot obtain a new license: 1 year for a first-offense revocation (Article 82(2)7 of the Road Traffic Act), 2 years for a revocation caused by an accident while drunk (Article 82(2)6(b)), and also 2 years where a prior DUI record makes this a second or later violation (Article 82(2)6(a)).

Are e-scooters, bicycles and motorcycles different?

You also may not ride a personal mobility device such as an electric kick scooter, or a bicycle, while under the influence. In that case, however, the penalty is much lighter than for a car: a fine of up to KRW 200,000, detention, or a petty fine (Article 156(11)). Motorcycles (motorized bicycles) and construction machinery are treated the same as cars.

What to check about the stop and afterward

  • The gap between when you stopped driving and when you were tested · BAC keeps rising for about 30 to 90 minutes after drinking. If there was a long gap, your BAC at the moment you were driving may have been lower than the reading.
  • Procedure before the test · Check whether you were allowed to rinse residual alcohol from your mouth with water and whether there are maintenance records for the device.
  • Blood test · If you dispute the breath test result, you can consent to a blood draw for a second measurement (Article 44(3)). However, the blood test result becomes the final figure, so think carefully before asking for one.
  • Where and how far the car moved · In some cases, such as moving a car a short distance in a parking lot while waiting for a designated driver, the issue is whether the place was a "road" or whether the act was "driving" at all.

A realistic goal for a first case

A first offense with no accident and a moderate reading usually ends with a summary order (a fine imposed on the documents without a full trial). When the amount is set, the reading, the distance driven, the circumstances that led to driving (whether you had called a designated driver, whether there was an urgent matter), remorse, and efforts not to reoffend are all considered. Submitting records of alcohol treatment, a plan to sell the car or use public transportation, and a certificate of completing a prevention course from the investigation stage onward can affect the outcome.

For public officials, teachers, professional drivers and others whose job status depends directly on the type of sentence, we also look from the start at whether to request a formal trial and what the disciplinary standards are.

The license issue is handled separately

License revocation or suspension is an administrative action taken by the commissioner of the metropolitan or provincial police agency, so it proceeds separately from the criminal case. If driving is the key means of supporting your family, your BAC did not exceed 0.1%, and there was no injury accident, no refusal to be tested, and no prior DUI record, you can file an objection within 60 days of the decision. If it is accepted, the revocation is reduced to a 110-day suspension (General Standards, item (f) of Annex 28). Separately from an objection, you can also file an administrative appeal.

Frequently Asked Questions

I was stopped for the first time. Roughly how large will the fine be?
It is decided within the statutory range based on the reading, the distance driven, how you came to drive, and materials showing remorse. Even with the same reading, moving a car briefly while waiting for a designated driver and driving a long distance lead to different results. To estimate the amount, we first need to review the case file.
I was only just over 0.08%. Is there no way to avoid revocation?
First we check whether you were tested while your BAC was still rising and whether there was any flaw in the testing procedure. If the reading is hard to challenge, we look at reducing the revocation to a suspension through a livelihood-based objection or an administrative appeal.
Does it count if I drove in the morning while still affected by drinks from the night before?
Yes. Even with a hangover, a reading of 0.03% or higher is drunk driving (officially “driving while intoxicated”). However, intent may be weaker and the circumstances that led to driving may be taken into account, so preparing thorough sentencing materials helps lower the penalty.
Do some DUI cases end in a suspension of indictment?
A suspension of indictment (the prosecutor finds the offense but decides not to charge) is rare, and is given when there was no accident, the reading was low, and there were special circumstances such as an emergency. It is not a result to count on, so evidence of those circumstances should be prepared from the beginning.

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026

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