A blood alcohol concentration of 1 per mille is a level that many drivers think of as far beyond what they might reach – yet it is achievable after a few drinks in the evening. At this reading, the conduct is a criminal offence, not a misdemeanour, and carries a serious set of legal consequences.
Why 1 Per Mille Is a Criminal Offence
The line between a misdemeanour and a criminal offence falls at 0.5 per mille in the blood. A reading of 1 per mille is twice that threshold and unambiguously classifies the conduct as the criminal offence under Article 178a § 1 of the Criminal Code. The case does not go to the misdemeanour division – it goes to the prosecutor’s office and the criminal court.
What Penalties Apply
The principal penalty. Article 178a § 1 of the Criminal Code provides for a fine, restriction of liberty or imprisonment of up to three years as alternatives. At a concentration of 1 per mille – in the absence of previous convictions and other aggravating circumstances – courts most commonly impose a fine or restriction of liberty. A custodial sentence is possible but at a first offence is usually conditionally suspended.
A mixed penalty under Article 37b of the Criminal Code is also possible – up to three months of imprisonment combined with restriction of liberty.
Driving disqualification. Mandatory, with a minimum of three years and a maximum of fifteen. At 1 per mille at a first offence, courts frequently impose a disqualification of around three years.
Financial contribution. Mandatory, between PLN 5,000 and PLN 60,000. At 1 per mille, typical amounts fall in the range of PLN 5,000–10,000, depending on the circumstances and the defendant’s conduct.
Vehicle forfeiture. The vehicle forfeiture provisions of Article 44b of the Criminal Code have been in force since 29 January 2026. At a concentration of between 1.0 and 1.5 per mille, forfeiture is discretionary – the court may, but need not, order it. Factors it takes into account include the alcohol concentration, the manner of driving, previous convictions, the vehicle’s value and the defendant’s family and professional circumstances. At a concentration of at least 1.5 per mille, forfeiture becomes mandatory.
How the Proceedings Work
The stop and test. The police carry out a breathalyser test. The driver has the right to request verification by a blood test – particularly at readings close to 1 per mille, where the question of a possible measurement error may be relevant. The driving licence is seized at the scene.
The pre-trial stage. The case goes to the prosecutor’s office. This is the critical stage for the defence strategy – many important procedural decisions are made before the case reaches court, including any application for a conditional discontinuance or for a voluntary submission to sentence.
Conclusion of the case. Three routes are possible: a voluntary submission to sentence under Article 387 of the Code of Criminal Procedure – faster proceedings and typically a more lenient sentence; a conditional discontinuance under Article 66 of the Criminal Code – where the conditions are met, including no previous convictions; or a full hearing. At 1 per mille, a conditional discontinuance is harder to obtain than at readings close to 0.5 per mille, but is not ruled out where the circumstances are favourable.
What Can Reduce the Sentence
No previous conviction for an intentional criminal offence is the basic prerequisite for a conditional discontinuance and acts as a mitigating factor in sentencing generally. Admitting guilt and expressing genuine remorse, no collision or accident, a positive professional and community reputation, family responsibilities and difficult financial circumstances – all of these can encourage the court to impose a more lenient sentence.
An application for a voluntary submission to sentence allows the sentence to be agreed before the hearing. With proper preparation, it can produce a noticeably better outcome than standard proceedings.
What to Do Immediately After Being Stopped
Stay calm and do not make hasty statements – you have the right to decline to answer questions until you have consulted a lawyer. If the reading is close to a threshold or you have doubts about its accuracy, request a blood test. Contact a lawyer as soon as possible – ideally before the first interview. Gather documents relating to your employment, family situation and financial obligations – these will be needed at the defence stage.
Contact Us
A drink driving case at 1 per mille is a serious criminal matter in which the right defence strategy can materially affect the outcome – both as to the type of penalty and its level.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
