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
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
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
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.
Related
In Korea, penalty points are added for each violation or crash. At 40 points your licence is suspended for one day per point, and if points accumulated over one, two or three years pass the threshold, it is revoked. If the driver is identified you get a fine plus points; if not, as with speed cameras, the owner gets a penalty charge.
If You Have a CrashRemember the order: stop, check on people, prevent a bigger crash, report, record. Leaving when someone is hurt counts as hit-and-run, however minor the crash.
E-Scooters, Motorcycles and BicyclesIn Korea, an e-scooter is a vehicle under the Road Traffic Act. You need a licence, must wear a helmet and must ride alone. Pavements are off limits; use bicycle roads or the right edge of the road. Moped and small-class licences are split by engine size.
Written Test PracticeOriginal practice questions to cover every area of Korea's written test. Practice by topic, check your level with a 40-question mock exam, then collect and redo the ones you got wrong.