DUI Charge Dismissed for Foreign Worker with 0.03 BAC – Immigration Consequences Avoided

☎️ 1588-0416

📲 카톡 : https://pf.kakao.com/_Rpbxmxb/chat 

 

DUI Charge Dismissed for Foreign Worker with 0.03 BAC – Immigration Consequences Avoided

Law Firm Dongju 법무법인 동주 

A foreign national working in Korea under an employment visa was investigated for driving under the influence (DUI) after recording a blood alcohol concentration (BAC) of 0.03%, the legal threshold for DUI under Korean law.

Because the measured level was right at the statutory limit, the case raised significant legal questions regarding the timing of alcohol consumption, driving, and breath analysis. For foreign nationals, even a minor DUI offense can lead not only to criminal punishment but also to immigration consequences such as visa extension denial or deportation review.

Recognizing the potential impact on the client’s legal status in Korea, Dongju Law Firm approached the case with a strategy that addressed both criminal liability and immigration risks simultaneously.

Key defense strategy:

• Reconstructing the timeline of alcohol consumption and driving
  Carefully analyzing the sequence of events, including the drinking period, time spent afterward, and the exact timing of the breath test.

• Applying the Widmark formula
  Conducting a scientific BAC back-calculation to demonstrate that the client’s actual BAC at the time of driving was likely below the legal threshold.

• Presenting mitigating circumstances
  Showing that the driving distance was extremely short and that the client had attempted to call a designated driver multiple times before deciding to drive.

• Demonstrating responsible behavior and remorse
  Submitting records of designated driver calls, letters of reflection, and supporting statements confirming the client’s responsible conduct and remorse.

✅ Outcome:

Authorities concluded that the available evidence did not sufficiently establish DUI at the time of driving, and the case was closed with a non-indictment decision (no charges).
As a result, the client avoided criminal penalties and prevented potential immigration consequences, allowing continued lawful stay and employment in Korea.

 

Full story of success stories / 성공사례 전문   

 

법무법인 동주는 형사전문변호사/출입국전문변호사가 함께 F4, F5 F6비자 등 외국인 음주운전/교통사고 사건부터 출입국 사범심사까지 대응 도와드리고 있습니다.
 

전문가의 도움이 필요한 상황이라면 법무법인 동주로 연락 남겨주시기 바랍니다.

 

 

비자 대행 / 형사사건 대응 / 출입국 절차를 대리해 온 법무법인 동주는, 체계적인 전략과 깊이 있는 법률 자문을 통해 의뢰인에게 최적의 해결책을 제공합니다.  

 

 

 

 *광고책임변호사 : 이세진