Drunk Driver with License-Revocation Level of Alcohol Acquitted: Why?

A person who drove while heavily drunk, reaching a level that warrants license revocation, was acquitted in court. How did this happen?

Yes, an individual identified as A was brought to trial on charges of driving about 250 meters in 2022 with a blood alcohol concentration of 0.129%.

A blood alcohol concentration of 0.129% well exceeds 0.08%, which is the threshold for license revocation.

At the time, the police attempted a breathalyzer test, but when the device malfunctioned, they drew A's blood to check the alcohol concentration.

However, the problem was not the alcohol level itself, but the blood collection process.

It was determined that the police failed to adequately inform A of the right to refuse the blood draw.

The court pointed out that under these circumstances, it was difficult to view A as having voluntarily consented to the blood collection, and therefore, the blood test results could not be recognized as legally gathered evidence.

With conflicting rulings in the first and second trials, the case went all the way to the Supreme Court, where it was remanded, and after a retrial, the acquittal was finalized.
※ Please note: This article was translated by AI and may contain errors.