In DUI and accident cases, much of the evidence is fixed in the first hours: the breath test, the scene, the footage and your first statement.
The case starts with a police checkpoint, a report from another driver or an accident. Police take a breath test and record the scene; if someone is hurt, you must stop and help first.
You are questioned by the traffic investigation team at the police station. Hit-and-run cases are handled by a dedicated traffic crime unit.
After an arrest, police must decide within 48 hours whether to seek a detention warrant. Fatal DUI accidents, hit-and-runs and repeat DUI carry a higher risk of detention.
The prosecutor decides between no charge, a suspended indictment, a summary fine order or a full indictment. You have 7 days from receiving a summary order to request a formal trial.
The court sets the sentence under the Supreme Court's sentencing guidelines, considering compensation, prior record, alcohol level and efforts to prevent reoffending.
If you do not understand Korean well, you can ask for an interpreter at the roadside, during police and prosecution questioning and at trial. Do not sign a breath-test record or a statement you have not fully understood.
If you are arrested, you can ask the police to notify your embassy or consulate. Consular staff can help contact your family, but they cannot act as your lawyer.
A criminal record can cause problems when you extend or renew your visa, and in serious cases deportation may be considered. The risk depends on your status and the sentence, so the criminal defense and your immigration position should be planned together.
Investigators may restrict you from leaving Korea while the case is open, especially after an accident with injuries. Tell your lawyer early about flights, work contracts or visa expiry dates.
An international driving permit is valid for one year, and a foreign licence alone generally cannot be used once you have been in Korea for more than a year. Driving after that can be charged as unlicensed driving.
Suspension or revocation of your Korean licence is an administrative measure handled apart from the criminal case. It has its own objection and appeal deadlines, which can pass while the criminal case is still going.
DUI & TRAFFIC CRIME DEFENSE · KOREA