Man, 60, Escapes DUI Charges by Drinking Soju During Police Stop

A 60-year-old man in Daegu, South Korea, was acquitted of DUI charges after consuming an entire bottle of soju during a traffic stop. The court ruled that it was impossible to determine his blood alcohol content (BAC) while driving, as his BAC was affected by the alcohol he drank after being pulled over.

What Happened During the Stop?

The incident took place on the night of September 16, 2024, in Daegu’s Jung-gu district. The man was pulled over at 11:38 p.m., after driving 2.4 kilometres. Police suspected him of driving under the influence due to his erratic driving.

Witnesses claimed that the man parked his car in an unusual manner and appeared to be staggering as he exited the vehicle.

Photos for illustration purposes only (Korea Times)

Within just 39 seconds of parking, the man managed to drink an entire bottle of soju (a Korean rice-based alcoholic beverage with an alcohol content of 12.5%). According to The Korea Herald, police conducted a breath test 40 minutes after the stop, which revealed a BAC of 0.128%.

This was significantly over South Korea’s legal limit of 0.03%, where a BAC of 0.07% or higher can result in the revocation of a driver’s license.

The Court’s Decision: A Case of Timing

The main legal issue in this case was determining whether the man was intoxicated before he was pulled over or if his BAC rose only after drinking soju during the stop.

Police had attempted to estimate the man’s BAC at the time he was driving using the Widmark formula, a method that calculates prior BAC levels by considering factors such as time, weight, and alcohol consumed.

However, the court found these calculations to be inconclusive. Furthermore, the court acknowledged that although the man’s behavior suggested intoxication, there was no definitive proof to confirm that he had been drunk while driving.

The court stated, “Even if the defendant did drink the entire bottle of soju as he claimed, it is unclear why he would appear intoxicated immediately afterward,” leaving the prosecution with insufficient concrete evidence.

A Loophole in DUI Testing?

This case showcased a potential loophole in DUI testing procedures. By consuming alcohol immediately after being pulled over, drivers may complicate BAC readings, making it harder to prove intoxication at the time of driving.

In South Korea, police often use tools like the Widmark formula or ask the driver to re-drink the same amount of alcohol to estimate their BAC at the time of driving. However, these methods are not foolproof, as shown in this case.

In the end, the court ruled that the BAC test conducted 40 minutes after the stop couldn’t definitively prove the man’s intoxication while driving, leading to his acquittal.