[Q&A] I refused a breathalyzer test in Korea. Will I be deported immediately?

The Dilemma

"What happens if a foreigner refuses a breathalyzer test in Korea? I was overwhelmed and didn't understand the officer, so I said no. Now I'm worried about my visa."

The Legal Reality: Refusal is Worse than the Crime

In the Korean legal system, Refusal of a Breathalyzer Test (Eum-ju Cheuk-jeong Geo-bu) is treated with extreme severity. The law assumes that someone who refuses to blow into the device is hiding a very high level of intoxication. Consequently, the penalties for refusal are often harsher than the DUI itself, and for a foreign national, this is a near-certain trigger for deportation.

1. Criminal Penalties for Refusal

Under the Road Traffic Act, refusing a breathalyzer test is punishable by:

• Imprisonment: 1 to 5 years.
• Fines: 5 million KRW to 20 million KRW. Compare this to a standard DUI, where a low BAC might only result in a 3 million KRW fine. By refusing, you are essentially guaranteeing that your fine will exceed the 5 million KRW deportation threshold.

2. The Immigration Catastrophe

The Ministry of Justice views a 'Refusal to Test' as an act of Obstruction of Justice and a lack of respect for Korean law.

• Mandatory Departure Order: Because the minimum fine for refusal starts at 5 million KRW, an 'Immigration Violation Review' (Sabeom Simsa) is mandatory. In almost all cases of refusal, a 'Departure Order' is issued immediately.
• Negative Impression: During the review, if an officer sees you refused to cooperate with the police, they will conclude that you are an unsuitable resident, regardless of your job or family ties.

3. The Myth of 'I didn't understand'

Many foreigners claim they refused because of the language barrier or panic. While this may be true, the Korean police follow a strict protocol (usually recorded on body-cam) where they warn you multiple times (often using a translation app or basic English) about the consequences of refusal. Once the refusal is documented, 'I didn't understand' is rarely accepted as a valid legal defense in court.

4. Automatic License Revocation

A refusal leads to the Immediate and Permanent Revocation of your driving license. You cannot apply for a new license for 2 years. This applies to your car license even if you were on a scooter or bicycle at the time of refusal.

5. Why Hoam Law Firm?

If you have already refused a test, you are in a state of legal emergency. Hoam Law Firm acts immediately to mitigate the damage. We work to find procedural flaws in how the police requested the test and argue that your refusal was due to a genuine communication failure, not a willful intent to hide a crime. Our goal is to secure a fine at the absolute minimum level to give you a fighting chance at the Immigration Violation Review.

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