Experts warn vague standards shift responsibility to drivers, may deter necessary medication use
Drivers in South Korea will face harsher penalties for drug-impaired driving starting Thursday, but a lack of clear standards on what constitutes impairment is raising confusion about enforcement.
Online forums have been filled with concerns about whether common medications, such as cough remedies, could lead to criminal penalties. Experts say the rules remain unclear and warn of unintended consequences, including patients discontinuing necessary treatment.
Under the revised Road Traffic Act, a first offense of drug-impaired driving will be punishable by up to five years in prison or a fine of up to 20 million won ($13,200), up from the current maximum of three years or 10 million won.
The tougher penalties come amid a rise in drug-impaired driving cases, some of which have resulted in fatal accidents.
Refusal to comply with a police request for a drug test will also be punishable at the same level as driving under the influence, marking the first time such a provision has been introduced. Previously, compulsory testing required a warrant.
The law defines “drugs” broadly, covering around 490 substances that may affect cognitive function. These include illegal narcotics and cannabis, as well as certain prescription medications, such as phentermine, used in weight-loss treatments, and methylphenidate, prescribed for attention deficit hyperactivity disorder.
Unlike drunk driving regulations under the same law, however, there is no specified threshold for blood concentration levels of these substances.
Although common cough medications that may cause drowsiness are not included in the official list of regulated drugs, drivers can still be penalized if their condition is deemed to impair safe driving.
Police said the key standard will be whether the substance has had a meaningful impact on driving ability, rather than the type or quantity consumed.
“The punishment is not based on the mere detection of a substance, but on whether it had a significant effect on the driver’s ability to operate a vehicle safely,” a police official said.
Field sobriety tests will be used to assess impairment, including balance and coordination checks such as standing on one foot or walking in a straight line, before blood or urine samples are sent to specialized testing facilities.
Experts warn that the lack of clear, objective standards effectively shifts responsibility onto individual drivers to judge their own fitness to drive, which could create confusion and unnecessary fear.
Medical professionals have raised concerns that patients may stop taking prescribed medication to avoid potential penalties, potentially worsening their conditions and increasing risks on the road.
“If patients who rely on driving for their livelihood arbitrarily stop taking medications for conditions such as epilepsy, anxiety disorders, or pain management, it could aggravate symptoms and pose a greater safety risk,” the Korean Society of Neurologists said in a statement.
Psychiatrists also called for a more cautious approach, while acknowledging the need for stricter enforcement. They warned that patients’ right to legitimate treatment could be undermined.
“Before expanding enforcement and publicity around drug-impaired driving, sufficient consultation should be conducted with relevant expert groups, including psychiatry, neurology, internal medicine and pharmacology,” said Kim Dong-wook, president of the Korean Association of Psychiatrists.
Police said they are considering introducing blood concentration standards and clearer criteria for driving restrictions, but noted that it may take time due to variations in how individuals respond to different substances.
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