Anti-Corruption Commission: "License Revocation for Refusing Breathalyzer Test Is Lawful"

License Revocation Without Exception for Refusing Breathalyzer Test

Central Appeals Commission Dismisses Appeal by Mr. A Whose License Was Revoked

An administrative appeal has concluded that the cancellation of a driver's license for a motorist who refused to comply with a police breathalyzer test and merely pretended to blow into the device was lawful.

Police Officer Ikjin Kim of the Traffic Safety Division at Mapo Police Station is conducting a drunk driving crackdown on a road in Mapo. Photo by Jo Yongjun

The Central Administrative Appeals Commission of the Anti-Corruption and Civil Rights Commission announced on May 20 that it had dismissed the administrative appeal filed by Mr. A, whose license was revoked after he refused to comply with a police request for a breathalyzer test.

Mr. A caused an accident while riding a motorcycle, colliding with the central divider and falling over. Responding officers at the scene determined that Mr. A was suspected of drunk driving, as he was staggering and slurring his speech. After a preliminary alcohol check, police requested a breathalyzer test. However, Mr. A only pretended to blow into the breathalyzer and did not properly comply with the test. The chief of the relevant metropolitan or provincial police agency revoked both Mr. A's Class 2 General and Class 2 Small driver's licenses.

In response, Mr. A argued that he had no intention of refusing the breathalyzer test, had no prior record of drunk driving, and that, as a first-time offender who needed his license to support his livelihood, the license cancellation was an excessive measure. He thus filed an administrative appeal.

However, the Central Administrative Appeals Commission took a firm stance. It stated that, even though the police had a valid reason to suspect drunk driving and properly requested the test, Mr. A refused to comply. Under the current Road Traffic Act, refusal to take a breathalyzer test requires the cancellation of all the driver's licenses the individual holds, so the measure was neither unlawful nor excessive.

According to current law, if a driver with a prior record of refusing a breathalyzer test is caught drunk driving again, all of their licenses will be revoked as an aggravated penalty, even if their blood alcohol content is only at the suspension threshold.

Jo So-young, Chairperson of the Central Administrative Appeals Commission, stated, "This ruling confirms that refusal to comply with a breathalyzer test will result in the cancellation of all driver's licenses," and emphasized, "Drivers should actively cooperate with legitimate police procedures for breathalyzer tests to avoid legal disadvantages."

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