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Police toughening penalties for impaired driving, including for using over-the-counter cold medicines

Published: 27 Jan. 2026, 19:57

A police officer conducts a crackdown on drunk driving on a street in Gwanak District, southern Seoul on Dec. 4, 2024. [NEWS1]

With a rise in drug and substance-impaired driving incidents, Korean authorities are moving to toughen related penalties.

Offenders who cause accidents while under the influence of over-the-counter cold medicines containing even trace amounts of narcotics — such as limited narcotics classified as nonaddictive — may face up to five years in prison or fines of up to 20 million won ($13,800).

But some experts warn that such measures may lead to confusion if not accompanied by clearer guidelines. Awareness of the dangers of driving under the influence of “limited narcotics” remains low, and the criteria for determining impairment are still ambiguous.

On Jan. 2, a taxi drove onto the sidewalk near Jonggak Station in central Seoul, striking pedestrians waiting at a crosswalk and resulting in 15 casualties.

The driver reportedly told police he had taken cold medicine before driving and did not recall the moment of the crash.

A field drug test revealed a positive result for morphine, and a subsequent toxicology report by the National Forensic Service confirmed the presence of cold medicine ingredients.

One such ingredient, dihydrocodeine — commonly used in expectorants — has a chemical structure similar to morphine.

A taxi that crashed near Jongak Station in Jongno District, central Seoul is seen after the accident on Jan. 2. [YONHAP]

The cold medicine taken by the driver contained limited narcotics, which, under Korean law, refers to regulated substances that are considered nonaddictive and non-habit forming. These drugs are categorized as prescription medicines and can be obtained with a doctor’s prescription.

However, drivers may still be penalized if they are found to have been operating a vehicle in a state of reduced concentration or cognitive function after taking such medications.

The issue lies in the lack of clear standards for assessing impairment. Under Korea’s Road Traffic Act, punishment is determined not by the type or quantity of the drug taken, but by the driver’s condition at the time of driving.

Currently, there are no objective or quantitative benchmarks to determine when a person is “unfit to drive,” and there are no clear thresholds for specific substances or doses.

Adding to the problem is a general lack of awareness among drivers about the risks of driving after taking limited narcotics. Under medical and pharmaceutical laws, doctors and pharmacists are obligated to explain potential side effects to patients.

Police officers are seen during a crackdown on drunk driving on a street in Jung District, Incheon on Dec. 11, 2025. [YONHAP]

In practice, however, this duty is often overlooked — especially with common drugs like cold medicine — and many patients may not pay close attention to the warnings.

“Even though there is a legal duty to provide this information, it’s often not followed properly in real-world settings,” said Yoon Heung-hee, a global addiction rehabilitation counseling professor at Namseoul University.

While police do check whether medical professionals informed patients of potential side effects during drugged driving investigations, many say it is difficult to establish responsibility after the fact.

“We ask medical institutions whether they informed the patient, but it’s often hard for doctors or patients to recall or verify exactly what was said,” a police official noted.

Meanwhile, drugged driving cases are increasing. According to the National Police Agency, 24 such cases were recorded in 2023, rising to 75 last year.

Vehicles are seen parked near a street where police conduct a crackdown on drunk driving near Gongdeok Station in central Seoul on Nov. 21, 2025. [YONHAP]

In response, the National Police Agency announced that starting in April this year, penalties will be raised from the current maximum of three years in prison or a 10 million won fine to five years in prison or a 20 million won fine.

Experts say that to minimize confusion, tougher penalties must be accompanied by institutional reforms — such as establishing objective criteria for impairment, raising awareness about limited narcotics and strengthening the responsibility of medical staff to inform patients.

“There should be prominent labels on packaging — like ‘three hours’ or ‘two days’ — indicating how long after taking the medication it’s safe to drive,” Prof. Yoon suggested.

Police say they recognize the need for institutional and educational reforms. On Jan. 13, the National Police Agency asked the Korean Medical Association and the Korean Pharmaceutical Association to ensure that doctors and pharmacists inform patients of potential side effects such as drowsiness and verify whether they intend to drive.

“We’re planning to distribute flyers to pharmacies warning of the risks of driving after taking medication, and we’ll continue raising public awareness before the revised regulations take effect in April,” a police spokesperson said.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY KIM YE-JUNG [[email protected]]