(1) While intoxicated, no one shall drive any motor vehicle, etc. (including construction machinery, other than those provided for in the proviso of Article 26 (1) of the Construction Machinery Management Act; hereafter in this Article and Articles 45, 47, 50-3, 93 (1) 1 through 4, and 148-2 the same shall apply) or tram, or ride a bicycle. <Amended on Mar. 27, 2018; Oct. 24, 2023>
(2) When deemed necessary to ensure the safety of traffic and prevent danger or a person is evidently deemed to be driving a motor vehicle, etc. or tram or riding a bicycle while intoxicated in violation of paragraph (1), police officials may require him or her to take a breath test in order to determine whether that person is intoxicated. In such cases, the driver or rider shall comply with the breath test required by any police official. <Amended on Dec. 30, 2014; Mar. 27, 2018>
(3) With respect to any driver who refuses to accept the result of a test pursuant to paragraph (2), another test may be conducted using the driver's blood collected after obtaining the driver's consent therefor.
(4) The threshold for the state of intoxication at which a person is prohibited from driving a motor vehicle, etc. pursuant to paragraph (1) shall be not less than 0.03 percent of blood-alcohol concentration. <Amended on Dec. 24, 2018>
(5) No person for whom there is reasonable ground to believe that he or she is in a state of intoxication shall, after driving a motor vehicle, etc. or a tram, or riding a bicycle, consume additional alcohol for the purpose of making it difficult to conduct a test under paragraph (2) or (3), or use any medicines, etc. prescribed by Decree of the Ministry of the Interior and Safety that may affect blood alcohol concentration (hereinafter referred to as “act of interfering with a breath test”). <Added on Dec. 3, 2024>
(6) Matters necessary for the methods and procedures of the tests under paragraphs (2) and (3) shall be prescribed by Decree of the Ministry of the Interior and Safety. <Added on Jan. 3, 2023; Dec. 3, 2024>[This Article Wholly Amended on Jun. 8, 2011]