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Drunk Driving Limits and Penalties

In Korea, drunk driving starts at 0.03% blood alcohol. Criminal punishment comes on top of licence action, and refusing a test is punished about as heavily as a high reading. Alcohol left over from the night before counts the same, and after revocation you cannot get a new licence for a set period.

Updated 2026-10

The limit — from 0.03%

Korea's Road Traffic Act treats a blood alcohol concentration of 0.03% or higher as intoxicated and prohibits driving. The limit was lowered from 0.05% to 0.03% in June 2019. Licence action depends on the level.

  • 0.03% to under 0.08%: licence suspension (100 points)
  • 0.08% or higher: licence revocation
  • Refusing a breath test: licence revocation
TIPThere is no safe number of drinks. The same amount gives very different levels depending on body weight, constitution, condition and whether you ate. If you had even one drink, not driving is the only sure option.

Criminal penalties — separate from licence action

Drunk driving is a crime in addition to the administrative suspension or revocation. For a first offence, the statutory penalties by level are as follows (Road Traffic Act, Article 148-2).

  • 0.03% to under 0.08%: up to 1 year in prison or a fine up to 5 million won
  • 0.08% to under 0.2%: 1 to 2 years in prison or a fine of 5 to 10 million won
  • 0.2% or higher: 2 to 5 years in prison or a fine of 10 to 20 million won
WATCH OUTA repeat drunk driving or test-refusal offence within 10 years is punished more heavily. Injuring someone while drunk falls under dangerous driving causing injury or death in the Act on the Aggravated Punishment of Specific Crimes: 1 to 15 years in prison or a fine of 10 to 30 million won for injury, and life or at least 3 years in prison for death.

Refusing a test and how testing works

If there is good reason to believe a driver is drunk, a police officer can require a breath test and the driver must comply. Refusal means licence revocation and 1 to 5 years in prison or a fine of 5 to 20 million won, about the same as driving at 0.2% or higher. Refusing does not get you out of punishment.

Alcohol left in the mouth can inflate the reading, so you can ask for a chance to rinse your mouth before the test. If you disagree with the breath result, you can ask for a blood test.

If testing happens long after driving or is not possible at all, the level at the time of driving may be estimated from the amount drunk, body weight and so on (the Widmark formula).

Hangover driving — the next morning counts

Drunk driving is judged by your level at the moment you drive. Even if you drank the night before, a reading of 0.03% or more in the morning is punished the same way. Checkpoints also run during commuting hours.

How fast the body clears alcohol differs from person to person, and the more you drink the longer it takes. There is no general rule that a certain number of hours of sleep makes you safe.

  • Do not plan to drive the morning after heavy drinking
  • Saunas, coffee and hangover soup do not noticeably speed up alcohol breakdown
  • If you feel even slightly not sober, use public transport or another driver

How long before you can re-license

When your licence is revoked for drunk driving, you cannot take the licence test for a set period (the disqualification period). Typical periods are:

  • Revoked for drunk driving or refusing a test: 1 year
  • Revoked for drunk driving (including refusal) two or more times: 2 years
  • Revoked after causing a crash while drunk: 2 years
  • Killing someone while drunk, or fleeing without helping after a crash: 5 years
TIPEven after the period ends, you must complete the mandatory special traffic safety course and retake the tests. Since 25 October 2024, people whose licence was revoked two or more times within five years for drunk driving get a conditional licence when they re-license, allowing them for a set period to drive only a vehicle fitted with an alcohol ignition interlock.

Passengers and those who lend a car are liable too

Handing car keys to someone who has been drinking, encouraging them to drive, or riding along knowing they are drunk can be punished as aiding drunk driving. Stopping them also protects you as a passenger.

The ban covers not only cars but also mopeds, personal mobility devices such as e-scooters, and bicycles. Driving drunk in places that are not roads, such as apartment complexes and car parks, is also punishable.

FAQ

Is it fine below 0.03%?

It is below the threshold for licence action and drunk driving charges, but your judgement and reaction time are still impaired, and you remain liable for other violations if you crash. If you drank, do not drive.

Is refusing the test punished less?

No. Refusal brings revocation and penalties about as heavy as driving at 0.2% or higher.

What if I think the breath result is wrong?

You can ask for a blood test if you disagree with the result, and you can ask to rinse your mouth before the breath test.

Is it a problem to move my car just a few metres in a car park after a designated driver parked it?

Yes. Distance does not matter, and drunk driving is punishable even in places that are not roads, such as car parks.

Sources

  • Road Traffic Act
  • Enforcement Rule of the Road Traffic Act
  • Korea Road Traffic Authority Safe Driving e-Service
  • Korean National Police Agency

Laws change. This is general information. Check KoROAD or the Korean Law Information Center for the latest rules.

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