What to Do When Caught Drunk Driving and Penalty Standards by Blood Alcohol Concentration

Getting behind the wheel after drinking does not end as a simple mistake. Criminal punishment, license revocation, fines and insurance disadvantages all follow at once and can lead to serious risks in your life. So what should you do if you are actually caught drunk driving? We have set out, in order, three things you must never do at the scene, the penalty standards by blood alcohol concentration, and even how many drinks put you over the limit.

Three things not to do at the scene

Do not refuse the breath test

Thinking you will not be caught as long as you are not tested is a big mistake. Refusing a breath test is itself punishable and is treated even more severely.

• Refusing the test alone can lead to imprisonment or a fine.
• Your driver's license is revoked just as it is for a blood alcohol concentration of 0.08% or more.
• Even for a first offense, the chance of leniency drops significantly.

However flustered you are, refusing the test is an action that pushes you deeper into trouble. Even if you fear the result, it is much better to take the test and then think about your legal response.

Do not leave the scene

Some people panic and leave the scene, or stop the car and then walk away. But such actions make the situation worse.

• Leaving the scene after an accident may be regarded as a hit-and-run.
• If fleeing is established, a far heavier prison sentence or fine than for drunk driving becomes an issue.
• If there is a victim, civil liability for damages also grows.
• It may be interpreted as an attempt to destroy evidence, raising the risk of arrest.

Even before the police arrive, do not leave the scene and wait calmly. It is advisable to obtain legal assistance before giving a statement.

Do not deny drinking by lying

If you falsely tell the police that you were not driving or that you drank after the accident, your sentence may actually become heavier. Investigative agencies establish the facts using CCTV, dashcam footage and statements from people nearby. If a false statement comes to light, the penalty may rise to imprisonment, and in some cases other charges may be added.

Rather than denying it unreasonably, it is much safer to grasp the facts accurately and decide on your response with an attorney.

Penalty standards by blood alcohol concentration range

If you have had even one glass of soju or one glass of beer, you should not drive. Still, if you have already been caught, knowing the penalty standards accurately is the starting point for your response. Drunk driving leads to license suspension, license revocation and criminal punishment depending on your blood alcohol concentration, or BAC (Blood Alcohol Concentration).

0.03% or more and less than 0.08%

From a blood alcohol concentration of 0.03%, you are caught for drunk driving. In this range you receive a 100-day license suspension, and in some cases the matter ends with a fine. For a first offense it may end at the level of a fine, but even being caught leaves a criminal record and raises insurance premiums, so the disadvantages are significant and it should not be taken lightly.

0.08% or more and less than 0.20%

From this range the penalty level rises sharply. Your driver's license is revoked immediately and you become subject to criminal punishment. Even first offenders can be fined several million won or more, and if you have a prior drunk driving record or an accident occurred at the same time, a suspended sentence or an actual prison sentence may result. Many drunk driving cases occur in this range, and courts tend to regard this concentration as a serious violation and judge it strictly.

0.20% or more

This reading is assessed as a state close to heavy intoxication, and even an actual prison sentence is possible. License revocation is a given, and if an accident occurred at the same time, the likelihood of a prison sentence becomes very high. For repeat offenses or accidents in which someone was injured, people are often actually arrested, so particular care is needed.

In summary, at 0.03% or more you are already subject to punishment, at 0.08% or more your license is revoked and you are criminally charged, and at 0.20% or more or if you refuse the test, an actual prison sentence becomes possible. A single number can change the direction of your life, so how you respond right after being caught matters more than anything, and the sooner you get legal advice the better.

How many drinks put you over the limit?

Many people think one or two glasses of soju or a can of beer will be fine. In reality, even a small amount can push you over the 0.03% blood alcohol concentration standard.

The speed at which alcohol is absorbed and broken down varies with constitution, body weight, sex and whether you have eaten, so it is impossible to say definitively, but rough guidelines are as follows. Please read them on the understanding that results may differ for everyone.

• 1 glass of soju (about 50ml): if an adult weighing 60kg to 70kg drinks it on an empty stomach, even one glass can get them caught at a sobriety checkpoint.
• Half a bottle of soju (about 180ml): very likely to reach 0.05% or more, which may fall within the standard for license suspension or revocation. Even if you have eaten, the probability of being caught is very high if you are tested within 30 minutes.
• One can of beer (355ml): easy to take lightly, but depending on the person it can produce a reading of around 0.03%, so if you are behind the wheel you may be subject to enforcement.

Time and physical condition matter more than the amount you drank

Even with the same amount, blood alcohol concentration varies widely depending on many factors, such as when you drank, body weight, whether you had eaten and lack of sleep. In particular, because blood concentration peaks between 30 minutes and one hour after drinking, the judgment that you will be fine because some time has passed is very dangerous.

Blood alcohol concentration Q&A

Can I get a reading of 0.03% just from my breath?

Yes, you can. If alcohol remains in your mouth right after drinking, the reading may be higher than the actual level. It is accurate to rinse your mouth with water and be tested about 15 minutes later.

It is my first offense and my reading was 0.09%. Is a fine possible?

It is possible, but the risk is also great. Even for a first offense, 0.08% or more means license revocation and criminal punishment, and depending on the circumstances of the case, your occupation and any prior record, the outcome may be a fine, a suspended sentence or an actual prison sentence.

What to do right after being caught, in order

1. Take the breath test. Even if you fear the result, refusing leads to heavier punishment and license revocation.
2. Do not leave the scene and wait for the police. This is all the more true if there was an accident.
3. Do not make statements that differ from the facts. Most things are confirmed through CCTV, dashcam footage and statements from people nearby.
4. Obtain legal assistance before giving a statement, and organize circumstances such as how the incident happened, any prior drunk driving record and your occupation.

In the end, how to respond after being caught drunk driving begins with avoiding actions that increase the penalty and calmly organizing the facts. Even if your blood alcohol reading has already been determined, you can choose what you do afterward.

Even one glass of soju is not safe

Many people are caught at drunk driving checkpoints because of the mistaken belief that one glass is fine. Today's enforcement standards are very strict, so it is easy to exceed 0.03% after truly just one glass. If you have been drinking, do not drive under any circumstances.

Drunk driving is a serious legal matter that can affect your license, career, credit and your whole life. Still, if you have already been caught, respond calmly, and rather than judging alone, it is best to seek legal advice quickly. Drinking takes a moment, but the record lasts a long time.

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Last reviewed: 2026-10-19 This article provides general legal information; specific advice is given through consultation.