Korean DUI Law

Korean DUI Law: Critical Legal Changes Foreigners Must Know

Are you a foreign national living or working in South Korea? Understanding the country’s strict DUI laws could save your career, visa status, and freedom

Driving under the influence (DUI) in South Korea carries severe consequences that extend far beyond typical traffic violations. For non-Korean speakers navigating the legal system, these charges can feel overwhelming—especially with major legislative changes taking effect in April 2026 that will dramatically increase penalties and enforcement powers, so Pureum Law Office (PLO) is here to help.

Korean DUI Laws Already Among World’s Strictest

South Korea’s Road Traffic Act (도로교통법) treats DUI as a serious criminal offense under Articles 44 and 45. Article 44 addresses alcohol-impaired driving, while Article 45 covers impairment from drugs, narcotics, marijuana, psychotropic substances, and even conditions like overwork or illness that affect driving ability.

The country’s blood alcohol limit of 0.05% is already lower than many Western nations, and penalties include license suspension, hefty fines, imprisonment, and potential deportation for foreign residents. Even a first offense can result in up to two years imprisonment or fines up to 10 million KRW for alcohol-related DUI.

Game-Changing Legal Revisions: April 2026

Starting April 2, 2026, South Korea will implement sweeping changes that represent the most significant DUI law overhaul in recent history. These amendments specifically target drug-impaired driving with unprecedented enforcement tools and penalties.

Enhanced Police Powers

Currently, police can only conduct roadside sobriety tests for suspected alcohol intoxication. The new amendments grant officers authority to stop and test drivers suspected of drug impairment using saliva swabs. This expanded power under Article 45(2) means police can now actively screen for various substances, not just alcohol.

Drivers who dispute saliva test results will have the right to request confirmatory blood testing under Article 45(3), but refusing initial testing will likely result in immediate arrest—similar to current alcohol DUI procedures.

Dramatically Increased Penalties

The penalty structure will undergo a complete transformation, with some punishments doubling:

General Drug-Impaired Driving Violations:

Before 2026: Up to 3 years imprisonment or 10 million KRW fine
After April 2026: Up to 5 years imprisonment or 20 million KRW fine

Repeat Offenses Within 10 Years:

Suspected drug influence (Article 45(1)): 2-6 years imprisonment or 10-30 million KRW fine
Confirmed drug impairment (Article 45(2)): 1-6 years imprisonment or 5-30 million KRW fine

Critical Implications for Foreign Residents

These changes pose unique challenges for international residents who may not fully understand Korean legal terminology or procedures. Key concerns include:

Visa and Immigration Status: DUI convictions can trigger visa revocation and deportation proceedings. The increased penalties make these outcomes more likely.

Language Barriers: Police interactions and legal proceedings conduct in Korean can lead to misunderstandings about rights and procedures.

Prescription Medications: Many common prescription drugs—antidepressants, anxiety medications, sleep aids, even some allergy medicines—can trigger positive drug tests. Foreign residents may not realize their legally prescribed medications could result in DUI charges.

Cultural Misunderstandings: What constitutes “impairment” under Korean law may differ significantly from your home country’s standards.

Immediate Steps to Protect Yourself

Review Your Medications: Consult with Korean medical professionals about any prescription drugs that might affect driving ability or trigger drug tests.
Understand Your Rights: Know that you have the right to an interpreter during police interactions and legal proceedings.
Avoid Any Impaired Driving: The safest approach is zero tolerance—no driving after consuming any amount of alcohol or taking any substance that could affect your abilities.
Seek Legal Counsel Early: If facing charges, contact experienced legal representation immediately. Early intervention can significantly impact case outcomes.

Professional Legal Support When You Need It Most

Navigating Korea’s complex DUI laws as a foreign national requires specialized legal expertise. Language barriers, unfamiliar legal procedures, and the high stakes involved—including potential deportation—make professional representation essential.

At Pureum Law Office, we understand the unique challenges international residents face when dealing with Korean criminal charges. Our team provides comprehensive legal support in English, helping protect your rights, visa status, and future in Korea.