What You Must Do Immediately After Being Caught for Drunk Driving to Seek License Cancellation Relief
When caught for drunk driving, an administrative disposition of license cancellation is issued. However, this disposition is not a final decision, and you can have the disposition cancelled or mitigated through the drunk driving license cancellation relief procedure. If you have just received a license cancellation notice, time is critical. This article explains, step by step, the first measures you must take after being caught for drunk driving, relief methods through drunk driving administrative appeal, and the legal implications of breath test refusal penalties.
What You Must Verify Immediately After Being Caught for Drunk Driving
When caught for drunk driving at the scene, a police officer will request a breath test according to proper procedures. At this time, there are certain things the driver must verify.
- Type of breath test equipment and measurement result records
- Record the numerical result measured by a breathalyzer (stationary or portable)
- Confirm the time of measurement, name of the police officer in charge, and model number of the measuring device
- Verify whether food or cigarette ash was expelled from the mouth before measurement
- Awareness of the right to request a blood test
- If there is any doubt about the breath test result, you can immediately request a blood test
- A blood test is more accurate than a breath test, so it can be a strategic choice
- The timing of the request is important, so you must express your intention immediately at the scene
- Record of statements during the investigation process
- Verify that the contents of the police investigation have been accurately recorded
- Take notes of any inaccurate statements or coercive investigation tactics
- Confirm whether your statements match the investigation record
All records and evidence from the scene become key materials for later relief proceedings.
All records and investigation procedures immediately after drunk driving will serve as important evidence in later drunk driving administrative appeals. Maintaining composure at the scene and carefully documenting any irregularities in the measurement process is the first step toward relief.
Is the Penalty for Breath Test Refusal More Severe Than Drunk Driving Itself?
Many drivers misunderstand the severity of breath test refusal penalties. In fact, the legal punishment for breath test refusal is more severe than for drunk driving itself.
Legal consequences of breath test refusal:
Breath test refusal results in greater criminal penalties than drunk driving.
- Criminal punishment
- Imprisonment of 2 years or more and less than 5 years
- Fine of 10 million won or more and less than 20 million won
- Either or both may be imposed
- Administrative disposition
- Revocation of driver's license
- Driving is prohibited until the license is reissued
- Reasons for which breath test refusal is applied
- Explicit refusal (such as "I don't want to" or "I won't do it")
- Obstruction of measurement (such as "fleeing, resisting, or threatening")
- Failure to comply without special medical reasons
Breath test refusal is an action you must absolutely avoid.
According to Article 148-2 of the Road Traffic Act, refusal or obstruction of a breath test is subject to license revocation and imprisonment of 2 years or more and less than 5 years, or a fine of 10 million won or more and less than 20 million won. This is far more severe than drunk driving itself (license revocation + fine of 1 million won or more and less than 10 million won).
Breath test refusal is considered defiance of state administration, not merely non-compliance, which is why the criminal penalty is more severe. Therefore, although you have legal rights such as requesting a blood test, you must not refuse the measurement itself.
Administrative Appeal Procedure for Drunk Driving License Cancellation Relief
When you receive a license cancellation disposition for drunk driving, there is a legal remedy available: filing an administrative appeal for drunk driving.
An administrative appeal is an administrative procedure by which the license cancellation disposition issued by the police agency is reviewed again. The preparation requirements and procedures are as follows:
- Timeline for filing an administrative appeal
- Must be filed within 90 days from the date you receive the license cancellation disposition
- Or within 90 days from when you became aware of the disposition, or 180 days from the date of the disposition, whichever comes first
- If you miss this deadline, you cannot file an administrative appeal, so be careful
- Consult with a professional immediately after receiving the notice
- Where to file the administrative appeal
- Administrative Appeal Committee under the regional police agency
- Visit or mail your application to the relevant regional police agency's Administrative Appeal Division
- Some local governments offer online applications, so confirm in advance
- Required documents
- Administrative appeal application form
- Copy of the disposition notice
- Breath test records and blood test results
- Scene investigation records and statement documents
- Measurement equipment verification materials (if necessary)
- Expert opinion letters (if necessary)
- Review process of the administrative appeal committee
- Review of submitted materials and hearing of the driver's opinions
- Review of the appropriateness of measurement procedures
- Review of the reliability of the measured values
- Final judgment on whether legal standards are met
Success in an administrative appeal depends on how accurately you collect evidence from the beginning.
An administrative appeal re-examines whether the disposition issued by the police followed proper legal procedures and whether the measured values are reliable. If defects such as failure to conduct a blood test, equipment malfunction, or improper procedures are found, you can have the license cancellation disposition cancelled.
Specific Grounds for Drunk Driving License Cancellation Relief
Cases in which a drunk driving license cancellation disposition is cancelled or mitigated are limited, but they have legal basis.
- Illegality of measurement procedures
- Failure to comply with the waiting period (generally 15 minutes) to remove foreign substances from the mouth before the breath test
- Expiration of breath test equipment certification or failure to conduct periodic inspections
- Large discrepancy between breath test results and blood test results
- Refusal of blood test
- You requested a blood test due to doubts about the breath test result, but the police refused
- In this case, you can raise questions about the reliability of the breath test result
- Special medical circumstances
- The possibility that measured values were distorted due to certain diseases such as diabetes or gastroesophageal reflux disease
- Medical evidence (medical certificate, test results) must be submitted
- Improper handling of the accused
- Cases where there was coercive investigation by police or non-legal procedures
- Evidence of forced statements or torture is necessary
Not all license cancellations are cancelled; relief is possible only when the illegality of procedures or reliability issues with the measurement are proven.
Precautions After Filing an Administrative Appeal
Even after filing an administrative appeal, there are important matters to observe.
- Prohibition on driving
- You must not drive while waiting for the administrative appeal decision
- Since your driver's license is cancelled, driving would constitute unlicensed driving and be subject to criminal penalties
- Do not drive under any circumstances until the administrative appeal decision is issued
- Timely submission of opinions
- If the appeal committee requests submission of opinions, submit them within the deadline
- Missing the deadline may result in an unfavorable decision
- Challenge to the appeal decision
- If you are dissatisfied with the administrative appeal decision, you can file an administrative lawsuit
- You must file a lawsuit with the court within 90 days from when you receive the appeal decision
- At this stage, consultation with a lawyer is essential
Even if you lose in the administrative appeal, there is an administrative lawsuit as a final remedy.
Why Professional Consultation is Essential for Drunk Driving License Cancellation Relief
Drunk driving license cancellation relief is not a simple administrative procedure. It requires examining multiple complex factors: the reliability of measurement methods, the appropriateness of legal procedures, and medical grounds.
Dasiibom Administrative Attorneys has handled numerous drunk driving license cancellation cases and has conducted thorough research on police measurement procedures, the appeal committee's judgment standards, and court precedents. In particular, since the first consultation often determines the possibility of relief, it is important to consult with a professional promptly after receiving the license cancellation notice.
The 90 days following the license cancellation notice is the final deadline for relief.
The consultation process at Dasiibom Administrative Attorneys proceeds as follows:
- Initial consultation
- Listen to the specific circumstances of the drunk driving detection
- Review the appropriateness of measurement procedures and results
- Diagnose the possibility of relief
- Evidence collection and review
- Analyze breath test records and blood test results
- Check the certification status of the measuring equipment
- Identify any improper procedures
- Filing and representation in the administrative appeal
- Draft an administrative appeal application with legal grounds
- Represent you in the appeal committee proceedings
- Submit opinion letters and evidence materials
- Preparation for administrative lawsuit
- Prepare for an administrative lawsuit if the appeal is unsuccessful
- Draft the complaint for submission to the court
- Proceed with legal representation
Conclusion: The Time to Act Now
Drunk driving license cancellation is a disposition that significantly impacts your life. However, breath test refusal penalties
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