A foreign national staying in Korea on an H-2 visa was caught driving under the influence with a blood alcohol concentration (BAC) of 0.035%.
This is a first offense, and no accident occurred.
In this situation, what level of fine is generally expected?
Is there a possibility of deportation through immigration review after the criminal case?
What are the main factors affecting visa status maintenance, and how should the case be handled?
You must have been very surprised by this sudden DUI situation.
In particular, as a foreign national, we understand that you are also worried about immigration and visa-related consequences.
To summarize your situation
Based on these facts, I will explain the general legal standards below.
First: Criminal Punishment Based on the Current BAC Level
Under Korean traffic law, a BAC between 0.03% and 0.08% constitutes DUI and is subject to criminal punishment.
In this range, cases are commonly resolved through a criminal fine, often in the range of several million KRW.
Where the offender is a first-time offender, and no accident occurred, most cases are resolved with a fine rather than imprisonment
Second: Expected Fine Amount
The exact amount varies depending on the specific circumstances of each case.
However, considering
The expected outcome is generally a fine in the several million KRW range.
Third: Possibility of Deportation
This is understandably the biggest concern.
In situations like yours,
immediate deportation based solely on this incident is not very common.
However, an important point is that
Fourth: Immigration Review Standards
During immigration review, authorities generally consider factors such as
Based on these factors, immigration authorities determine whether to maintain visa status, issue a departure order, or pursue deportation.
In cases like yours — involving a first offense, no accident, and a relatively low BAC level — there are many real cases where individuals were able to maintain their immigration status.
Fifth: What Is Most Important Right Now
At this early stage,
how the criminal case is handled is extremely important.
In particular
may all significantly affect the outcome.
Because the criminal result may later influence immigration review, an early legal response is especially important.
Based on the facts you provided
However, because immigration review may still proceed separately from the criminal process, it is important to prepare a response strategy that considers both criminal defense and immigration consequences.
Please note that this online answer is based on general legal standards, and actual outcomes may vary depending on the detailed facts of the case.
If necessary, it would be advisable to obtain a more individualized legal review based on your specific circumstances.
