A DUI stop in Korea often moves quickly: a police officer signals you over, asks you to blow into a device, and within minutes a number appears on a screen. For a foreign resident unfamiliar with Korean criminal procedure, that result can feel conclusive. It is worth understanding what procedural steps are available after the breath test — and what they actually involve — before drawing any conclusions about whether to contest the reading.
This article explains the legal framework for DUI testing in Korea, the conditions under which a further blood test measurement is possible, and the practical steps involved, with particular attention to issues that arise for foreign nationals.
The Two-Stage Testing Framework Under Korean Law
Article 44 of the Road Traffic Act governs drunk driving and the testing procedures that accompany it. The framework works in two stages.
In the first stage, a police officer who has reasonable grounds to suspect that a driver is intoxicated may require a breath test (Article 44(2)). The driver must comply. Refusing to blow is itself a separate criminal offence. The breath test produces a reading that is converted to a blood alcohol concentration (BAC) percentage. A BAC at or above 0.03 percent is the statutory threshold for a DUI offence (Article 44(4)).
In the second stage, if a driver disputes the breath test result, the officer may carry out a blood draw with the driver’s consent (Article 44(3)). This is not a right to choose a blood draw in place of the initial breath test. You must normally comply with the breath test first. A blood draw under Article 44(3) is a further measurement, available only if you dispute the result you have already been shown.
The Supreme Court confirmed in its decision of 21 September 2017 (Case No. 2017도661) that once a valid breath test reading has been obtained, police are not generally required to inform the driver that a blood-draw remeasurement is possible. The request must come from the driver.
What the Blood Draw Option Actually Involves
Before deciding whether to request a blood draw, it is important to understand a practical reality that is often misunderstood: blood tests for alcohol concentration do not systematically produce lower readings than breath tests. In many cases they produce similar or higher readings, depending on the stage of absorption and other individual factors.
Requesting a blood draw in the expectation that it will reduce a borderline reading is not a reliable strategy and may produce a result that is less, not more, favourable.
The blood draw option is most relevant where there is a specific and identifiable reason to suspect that the breath test result is inaccurate — for example, a device malfunction, a calibration issue, or a particular condition affecting the breath reading. The Supreme Court held in its decision of 9 July 2015 (Case No.
2014도16051) that where there are objective and rational grounds to suspect an error in the breath test, a blood draw for further measurement is permissible. The court’s language emphasises an objective basis — not simply dissatisfaction with the number shown.
If a blood draw is carried out lawfully and the sample is properly analysed, the laboratory result can become central evidence in the investigation and may outweigh the breath reading. Its evidential weight still depends on consent, timing, chain of custody, and the possibility of legal challenge at a later stage.
How to Object at the Roadside
If you have a genuine basis to dispute the breath test result, you must raise that objection before the roadside or station testing procedure is treated as complete. There is no fixed statutory time limit, but there is equally no safe number of minutes to rely on. Object immediately. Once the procedure is closed, the opportunity to request a blood draw under Article 44(3) is lost.
To object, tell the officer clearly that you dispute the result and wish to have your blood tested. In Korean: “이 결과에 불복하고 혈액 채취를 요청합니다.” If you do not speak Korean, showing this phrase on your phone is one way to communicate the request.
The officer will then take you to a nearby hospital or police station with medical facilities, where a blood sample is taken by a medical professional, sealed, and sent for laboratory analysis. The process typically takes one to two hours.
If the blood result later becomes a significant issue in your case, your lawyer should examine the sampling procedure, sealing, transport, and laboratory records, and consider whether expert review or a challenge to the analysis is realistically available in your circumstances.
Refusing the Breath Test: A Separate Offence
Refusing to submit to the initial breath test is a separate criminal offence under Article 148-2 of the Road Traffic Act, distinct from the DUI offence itself. The penalty is one to five years’ imprisonment or a fine of five to twenty million won.
For foreign nationals, both a DUI conviction and a refusal conviction may be reviewed negatively in later visa or immigration proceedings. The effect is not automatic. It depends on the sentence imposed, the driver’s prior record, visa category, period of stay in Korea, and the immigration authority’s discretionary assessment of the circumstances. Foreign drivers should not assume that either type of conviction carries a predetermined immigration outcome.
Recent amendments to the Road Traffic Act have also added provisions on conduct that interferes with alcohol measurement and adjusted related penalties. Because the licence and immigration consequences of a DUI-related offence depend on the specific charge, BAC level, prior record, and sentence, foreign drivers should check the current rules carefully and seek advice before making any statement or accepting a result.
Practical Considerations for Foreign Nationals
A police officer conducting a DUI stop is not required to provide an interpreter. If you cannot communicate your objection in Korean, the risk is that the procedure will conclude without your having raised the dispute. Knowing the phrase above — or keeping it accessible on your phone — reduces that risk.
If you are detained following a DUI stop, you have the right to contact your country’s consulate and to speak with a lawyer before making further statements. The right to silence applies from the moment of arrest, and statements made at the roadside about how much you drank, when, and where can be used in evidence.
The legal consequences of a DUI charge in Korea extend well beyond any fine. They can affect your driving licence, your visa status, and your eligibility to remain or work in the country. The procedural choices available to you are at the roadside — not after a charge has been finalised.
If this situation is similar to yours, you are welcome to send the basic facts through KakaoTalk. Initial inquiries in English are handled directly.
For a full overview of how DUI cases are handled for foreign residents in Korea — including penalties, licence revocation, and the steps from arrest to trial — see our guide on DUI and traffic offences in Korea for foreigners.
Frequently Asked Questions
Can I choose a blood test instead of a breathalyser in Korea?
No. You must first comply with the breath test when required by a police officer under Article 44(2) of the Road Traffic Act. Refusing the initial breath test is a separate criminal offence. Only after the breath test result is shown to you may you dispute it and request a blood draw under Article 44(3). A blood draw is not an alternative to the breath test — it is a further measurement available if you contest the result.
How quickly do I need to object to request a blood test in Korea?
There is no fixed statutory time limit, but there is no safe number of minutes to rely on either. You must object immediately, before the testing procedure at the roadside or station is treated as complete. Once the procedure is closed, the opportunity to request a blood draw under Article 44(3) is lost.
What happens if I refuse the breath test in Korea?
Refusing to submit to the initial breath test is a separate criminal offence under Article 148-2 of the Road Traffic Act, carrying a penalty of one to five years’ imprisonment or a fine of 5 to 20 million won. For foreign nationals, a refusal conviction — like a DUI conviction — may be reviewed negatively in later visa or immigration decisions, though the actual effect depends on the sentence, prior record, visa category, and the immigration authority’s discretionary assessment.