DUI in Korea for Foreigners: Penalties, License Suspension, and What to Do After an Arrest

What Counts as DUI Under Korean Law

Article 44 of the Road Traffic Act (도로교통법) prohibits operating a motor vehicle, tram, or even a bicycle while under the influence of alcohol. The legal threshold is a BAC of 0.03% or higher — notably lower than in many other countries. Police can request a breathalyzer test on the roadside, and if you dispute the result, you may request a blood test instead, but refusing to take any measurement at all is itself a separate criminal offense under the law.

Korean police regularly run DUI checkpoints (eumju dansok, 음주단속), particularly late at night and around holidays. Foreigners are not exempt, and a lack of Korean language ability is not a legal excuse.

Criminal Penalties

Under Article 148-2 of the Road Traffic Act (도로교통법), penalties scale with your BAC level at the time of driving:

- BAC 0.03% to under 0.08%: up to 1 year imprisonment or a fine of up to 5,000,000 KRW.

- BAC 0.08% to under 0.2%: 1 to 2 years imprisonment or a fine of 5,000,000 to 10,000,000 KRW.

- BAC 0.2% or higher: 2 to 5 years imprisonment or a fine of 10,000,000 to 20,000,000 KRW.

Refusing a lawful breathalyzer test carries its own penalty of 1 to 5 years imprisonment or a fine of 5,000,000 to 20,000,000 KRW. Repeat offenders within 10 years of a prior DUI conviction face substantially harsher mandatory sentencing ranges. These are statutory ranges — actual sentences depend heavily on the facts, any accident or injury caused, and the specifics of the case.

License Suspension or Revocation

Separately from any criminal case, Article 93 of the Road Traffic Act (도로교통법) allows the police commissioner to suspend or revoke your driver's license administratively — including a Korean license or an International Driving Permit being used in Korea. A first DUI at a lower BAC level often results in suspension, while higher BAC levels, repeat offenses, or refusal to be tested typically lead to outright revocation. This administrative license action is handled separately from the criminal court process, and you may receive notice of it even before your criminal case is resolved.

Consequences Specific to Foreign Nationals

For foreign nationals, a DUI arrest can trigger consequences beyond the traffic and criminal system. Depending on your visa type and the severity of the case, immigration authorities may take an interest in the matter, and in some cases an exit ban (chulguk geumji, 출국금지) can be imposed while a criminal investigation is ongoing, preventing you from leaving Korea until it is resolved. A criminal conviction can also affect future visa renewals, employment-based visa sponsorship, or naturalization applications.

If you are in Korea on a U.S. military-related status or as SOFA personnel, DUI cases can involve coordination between Korean police, Korean prosecutors, and military legal authorities, which adds another layer of complexity to how the case proceeds.

What Happens After an Arrest

After a roadside stop, you may be asked to take a breathalyzer test and, if you contest it or the officer requests it, a blood draw. You will typically be brought to a police station for questioning. Depending on the circumstances (BAC level, whether there was an accident, prior record), you may be released after questioning, summoned later for further investigation, or in serious cases, detained pending investigation. It is important to understand that in Korea, the police investigation is followed by a prosecutor's decision on whether to indict, and then, if indicted, a court hearing — this can take weeks or months, during which you may need to remain in the country.

Step by step

1. 1Do not resist or refuse testing without understanding the consequencesRefusing a breathalyzer test is a separate crime under Article 44 of the Road Traffic Act and often results in harsher treatment than simply taking the test.
2. 2Request an interpreterYou have the right to ask for an interpreter during police questioning if your Korean is not sufficient to understand the process. Make this request clearly and early.
3. 3Contact your embassy or consulateMost embassies maintain a list of local attorneys and can provide general guidance, though they cannot represent you in the criminal case.
4. 4Secure a Korean-licensed attorney promptlyBecause license suspension, criminal penalties, and potential immigration consequences run on separate tracks, early legal advice helps you understand which deadlines and hearings apply to your situation.
5. 5Keep all documents and noticesSave any paperwork from the police, any notice of license suspension, and any summons for further questioning — these are needed by your attorney to assess your case and any applicable deadlines.

Frequently asked questions