Which of the following statements about the ban on driving under the influence of alcohol is NOT correct?
Being under the influence of alcohol, for which driving is prohibited, means a blood alcohol concentration of 0.03 percent or higher, and drivers must comply with a police alcohol test (Article 44 of the Road Traffic Act). A 2024 amendment extended the ban to acts that obstruct testing, so be suspicious of statements that rely on a loophole.
Answer: ③
Explanation
Article 44(5) of the Road Traffic Act (added in 2024) prohibits 'obstructing an alcohol test': a person reasonably believed to be drunk drinking more alcohol, or using medicines and the like that affect blood alcohol concentration, after driving in order to hinder the test. So option 3 is incorrect. The 0.03 percent threshold (paragraph 4), the duty to comply with a breath test (paragraph 2), and retesting by blood sample with consent (paragraph 3) are all set out in the law.
Legal basis: 도로교통법 제44조