Can an H-2 Visa Holder Be Deported for DUI in Korea?

You must have been very surprised by this sudden DUI situation. In particular, as a foreign national, we understand that you are also worried about immigration and visa-related consequences.

  To summarize your situation

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① You are currently staying in Korea on an H-2 visa

② You were caught driving under the influence with a BAC of 0.035%

③ This is your first offense, and the driving distance was short

④ You are concerned about both the expected fine and possible deportation

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Based on these facts, I will explain the general legal standards below.

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First: Criminal Punishment Based on the Current BAC Level

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Under Korean traffic law, a BAC between 0.03% and 0.08% constitutes DUI and is subject to criminal punishment.

  In this range, cases are commonly resolved through a criminal fine, often in the range of several million KRW.     Where the offender is a first-time offender, and no accident occurred, most cases are resolved with a fine rather than imprisonment

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Second: Expected Fine Amount

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The exact amount varies depending on the specific circumstances of each case.

However, considering

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The expected outcome is generally a fine in the several million KRW range.

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Third: Possibility of Deportation

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This is understandably the biggest concern. In situations like yours, immediate deportation based solely on this incident is not very common. However, an important point is that

✔ after the criminal case ends

✔ the immigration office may still conduct a separate immigration review (범죄 사범심사).

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Fourth: Immigration Review Standards

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During immigration review, authorities generally consider factors such as

▪️ Circumstances of the offense

▪️ Risk of repeat offenses

▪️ Stability of life in Korea (employment, family, etc.)

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Based on these factors, immigration authorities determine whether to maintain visa status, issue a departure order, or pursue deportation.     In cases like yours — involving a first offense, no accident, and a relatively low BAC level — there are many real cases where individuals were able to maintain their immigration status.

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Fifth: What Is Most Important Right Now

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At this early stage, how the criminal case is handled is extremely important.   In particular

▪️ Your statements during the investigation

▪️ Demonstration of remorse

▪️ Efforts to prevent repeat behavior

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may all significantly affect the outcome.  

Because the criminal result may later influence immigration review, an early legal response is especially important.

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Based on the facts you provided

✔ this appears to be a low-level, first-time DUI offense

✔ and the likelihood of a fine is relatively high

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The possibility of immediate deportation does not currently appear especially high. However, because immigration review may still proceed separately from the criminal process, it is important to prepare a response strategy that considers both criminal defense and immigration consequences.

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  Please note that this online answer is based on general legal standards, and actual outcomes may vary depending on the detailed facts of the case.  

If necessary, it would be advisable to obtain a more individualized legal review based on your specific circumstances.