"Just Hold On..." Increase in 'Refusal to Take Breathalyzer Tests' Amid Stricter Drunk Driving Crackdowns and Penalties

Drunk Driving Arrests Decrease, Refusal of Breathalyzer Tests Increase
"Just Hold On" Rising... On-Site Police Officers Also Struggling

[Image source=Yonhap News]

#. On the evening of February 23rd, in Uiryeong-gun, Gyeongnam, Mr. A's Bongo van rolled down into a field while driving. Police who arrived at the scene noticed Mr. A's slurred speech and the smell of alcohol, and requested a breathalyzer test. However, Mr. A refused the test three times over about 20 minutes, saying, "I will pay the fine. 1 million won. I won't blow." Recently, Judge Yang Seok-yong of the Criminal Division 3, Masan Branch of Changwon District Court sentenced him to one year in prison with a two-year probation.

As penalties for drunk driving have been strengthened, refusals to take breathalyzer tests have increased. According to the National Police Agency on the 15th, the number of detected cases of breathalyzer refusal rose from 4,116 in 2019 to 4,377 last year. In contrast, drunk driving cases decreased from 130,772 in 2019 to 115,882 last year, showing opposite trends.

A police official said, "With the enforcement of the Yoon Chang-ho Act, penalties for drunk driving have become harsher, and as incidents involving sports stars, celebrities, and other famous people being caught for drunk driving or causing fatal accidents have become known, people seem to refuse tests to avoid being caught at all costs."

Patrolling officers also complained that confrontations with drunk drivers have increased. Officer A said, "Even when it’s obvious that the vehicle is swerving and the driver's face is flushed, they refuse to get out of the car or try to buy time by requesting a blood test," adding, "Sometimes they use abusive language, putting us in difficult situations." Officer B said, "At least with the charge of breathalyzer refusal, frontline officers feel less stressed," and added, "We can apply this charge before conflicts escalate seriously."

The penalty for refusing a breathalyzer test is by no means lighter than that for drunk driving. The current Road Traffic Act stipulates that "if a person drives under the influence with a blood alcohol concentration of 0.2% or higher (the highest level of punishment), they shall be punished by imprisonment for 2 to 5 years or a fine of 10 million to 20 million won." If a person refuses the breathalyzer test, they can be punished by imprisonment for 1 to 5 years or a fine of 5 million to 20 million won.

There are also frequent cases of suspects resisting police and being arrested on the spot. In March last year, a man in his 40s was prosecuted for refusing a breathalyzer test in Gangnam-gu, Seoul, running into a 10-lane road to escape and pushing down a pursuing police officer. Judge Kang Min-ho of the Criminal Division 10, Seoul Central District Court, sentenced the man to two years in prison last month, stating, "Despite being punished several times for drunk driving and other offenses, he reoffended, and especially committed the same crime during probation, even obstructing official duties."

This content was produced with the assistance of AI translation services.