South KoreaWhat happens if I refuse a breathalyzer test?
Refusing a breathalyzer test in South Korea is illegal and results in automatic license suspension for at least 1 year, a fine up to ₩10 million, and possible imprisonment up to 3 years.
What the Law Says
South Korean law treats breathalyzer refusal as equivalent to drunk driving — with strict penalties and no discretion for authorities.
Under the Road Traffic Act, drivers must submit to breath alcohol testing when requested by police during traffic stops or accident investigations. Refusal is not optional — it is a criminal offense.
The law presumes intoxication upon refusal, and penalties match those for driving with a blood alcohol concentration (BAC) of 0.05% or higher. There is no 'right to remain silent' regarding breath tests in this context.
Penalties apply immediately: driver’s license suspension begins automatically upon refusal, without waiting for court proceedings. The suspension period starts from the date of refusal and cannot be shortened or appealed on procedural grounds.
Statutory TextAny person who refuses to undergo an alcohol concentration test without justifiable grounds shall be punished by imprisonment with labor for not more than three years or a fine not exceeding ten million won.
— Road Traffic Act, s. 148-2 — Penalty for Refusal of Alcohol Test
Statutory TextWhere a driver refuses to undergo an alcohol concentration test, his/her driver's license shall be suspended for one year.
— Road Traffic Act, s. 148-2(2) — Administrative Disposition
What to Do
Cooperate fully with police requests for breath testing — refusal has no legal benefit.
If you believe the test was improperly administered, document details (time, location, officer ID) but still comply.
Seek legal counsel immediately after refusal — though suspension is automatic, criminal charges may be contested on narrow grounds.
Apply for license reinstatement only after full suspension period ends and required re-education courses are completed.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.