New Offense for Refusing Drug Testing... Penalties for Noncompliance
Starting next year, vehicles belonging to habitual drunk drivers will not be able to start unless they are equipped with a "drunk driving prevention device." Beginning in October next year, a conditional license system will be implemented, requiring those who have been caught drunk driving two or more times in the past five years to install this device in their vehicles before they can regain their license.
According to the "2026 Revised Road Traffic Act" released by the National Police Agency on December 28, individuals who have committed drunk driving offenses two or more times within the past five years must install a drunk driving prevention device in their vehicle when reacquiring their license after a two-year disqualification period.
This device prevents the vehicle from starting if alcohol is detected. The installation cost is approximately 3 million won, and the National Police Agency explained that they are currently discussing with the Korea Road Traffic Authority to make rental options available.
Driving without installing the prevention device can result in imprisonment for up to one year or a fine of up to 3 million won. The driver's license may also be revoked. If another person breathes into the device to bypass alcohol detection and the driver is caught operating the vehicle, the penalty increases to imprisonment for up to three years or a fine of up to 30 million won.
The police explained that by preventing the vehicle from starting when alcohol is detected, the possibility of repeat offenses by habitual drunk drivers is fundamentally blocked.
According to the police, about 40% of drunk drivers within five years are repeat offenders. The police analyzed that this mandatory installation requirement will significantly reduce the likelihood of repeat drunk driving offenses.
To address the recent surge in driving accidents related to psychotropic drugs, a new offense for "refusal to submit to drug testing" will be established, and starting next year, those who refuse drug testing while driving will be subject to penalties. In addition, the penalty for drug-impaired driving will be increased from the current imprisonment of up to three years or a fine of up to 10 million won to imprisonment of up to five years or a fine of up to 20 million won.
Upon being caught driving under the influence of drugs, the penalty has been raised from "imprisonment of up to three years or a fine of up to 10 million won" to "imprisonment of up to five years or a fine of up to 20 million won." Furthermore, a new provision has been established that imposes "imprisonment of up to five years or a fine of up to 20 million won" for refusal to submit to drug testing.
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