Challenging a License Cancellation for DUI: Administrative Review Can Help You Dispute It

Receiving notice of license cancellation for drunk driving stirs up a mix of shock and frustration. This feeling intensifies, especially if you have doubts about the measurement results or believe there were problems with the measurement process.

At such moments, a natural question arises: "Can I challenge whether this decision is actually correct?" The answer is yes—you can dispute it through the administrative review system.

However, administrative review is not simply a procedure to voice your grievances. You must file your claim within a set deadline, providing specific grounds and evidence, and preparation is required throughout the review process. Understanding the potential costs and procedures involved beforehand will make your response much more manageable.

There is a Limited Time Window to Act After Receiving License Cancellation Notice

An administrative review regarding license cancellation must be filed within 90 days from the date you became aware of the decision, or within 180 days from the date the decision was issued—whichever comes first (Administrative Review Act). Once the earlier deadline passes, the decision becomes final and will be difficult to challenge. Therefore, the first step after receiving the notice is to check the date.

Under the Road Traffic Act, you cannot file an administrative lawsuit directly regarding license cancellation or suspension without first going through administrative review. In other words, an administrative review claim is a prerequisite procedure for contesting the decision, which distinguishes it from other general administrative decisions.

The administrative review claim is filed against the head of the relevant provincial police agency, but the actual review is conducted by the Central Administrative Review Committee. There are no special restrictions on who can file, so you can submit the claim yourself or prepare documents with the help of a lawyer or administrative attorney.

Understanding the Costs Involved in Preparing for Administrative Review

There is no separate fee for filing an administrative review claim itself. However, costs may arise during the preparation process.

If you have doubts about the measurement readings and wish to undergo a blood test (precise measurement), you will incur medical testing costs. If you seek legal consultation to challenge the legitimacy of the decision, you'll pay consultation fees. If you entrust document preparation and submission to an administrative attorney, a separate fee applies. It's important to understand in advance that even if the decision is overturned in the review, these preparation costs cannot be recovered.

The Focus Will Be on DUI Measurement Refusal and Procedural Defects

Under the Road Traffic Act, a blood alcohol concentration (BAC) of 0.03% or higher but below 0.08% results in license suspension, while 0.08% or higher results in license cancellation. Refusing or failing to comply with the breathalyzer test can result in license cancellation and additional criminal penalties regardless of the measurement reading, making it treated more seriously.

In administrative review, the focus shifts to examining "whether police properly requested the measurement" and "whether the measurement procedure was conducted according to regulations." For example, if the waiting period before measurement was not observed, the breathalyzer's calibration validity had expired, or the witness procedure was omitted, there is room to dispute the decision on procedural grounds.

If you have doubts about the measurement reading itself, submitting precise measurement (blood test) results along with your administrative review claim is an effective way to strengthen your argument.

What Evidence Is Needed to Challenge the Decision in Administrative Review

When filing your administrative review claim, you must submit concrete evidence and arguments demonstrating that the decision was illegal or unreasonable. Audio recordings from the time of measurement, witness statements from passengers, records showing food or beverage consumption immediately before measurement, and precise measurement results can all serve as supporting materials. If you refused to sign the measurement record or indicated an objection at the time, that documentation is also important evidence.

The Administrative Review Committee will base its judgment on the police's measurement data and procedures, so the key is to establish specific procedural violations or measurement equipment defects rather than vague claims of injustice.

Helpful Questions to Consider Before Administrative Review

Q. If I file an administrative review claim, will the license cancellation be immediately suspended?

No. Even after filing an administrative review claim, the decision remains in effect, and you cannot use your license during the review period. If you have urgent business reasons, you can apply separately for suspension of execution, but the approval requirements are stringent, so verification with the competent committee is necessary.

Q. If I disagree with the administrative review result, can I file a lawsuit in court?

Yes, you can file an administrative lawsuit within 90 days of receiving the review decision. Since additional litigation costs and time may be involved, it's advisable to build a solid foundation of evidence and arguments during the administrative review stage to support any subsequent proceedings.

Q. I received a decision for refusing the breathalyzer test—is there any possibility of overturning it through administrative review?

If there is no legitimate justification for refusing the test itself, overturning the decision is difficult. However, if there were procedural problems with how police requested the measurement, there may be room to dispute it. For example, if you were stopped without valid grounds or if the measurement was requested abruptly without prior notice, these could become procedural issues. The most accurate approach is to organize video footage and statements from the time and review them together with the relevant authority or a specialist.

Information Helpful to Provide Before Inquiry

If you've recently received notice of license cancellation for DUI or are considering filing an administrative review claim, your first step should be to check the deadline stated in the notice. It's helpful to organize information about whether you refused the measurement, what the measurement reading was, and whether you had concerns about the measurement process.

If you provide the notice's contents, details of the measurement circumstances at the time, and your current stage of proceedings (whether before or after filing the claim), Dasiibom Administrative Attorneys will guide you through preparing and filing the administrative review claim and organizing necessary evidence. Please share your situation through Naver Toctoc.

Reference materials: Administrative Review Act, Road Traffic Act. As of October 2, 2026.

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