A breathalyser reading of 0.10 mg/l of alcohol in exhaled breath is the lower threshold of the misdemeanour under Article 87 § 1 of the Code of Misdemeanours. The standard consequence is a driving disqualification of between six months and three years. But it is precisely at such a borderline reading that the prospects of keeping a licence are greatest – for two independent reasons.
What a Reading of 0.10 mg/l Means
A concentration of 0.10 mg/l of alcohol in exhaled breath corresponds approximately to 0.2 per mille in the blood and represents the lower threshold of the state following use of alcohol. The misdemeanour under Article 87 § 1 of the Code of Misdemeanours begins at this concentration. Above 0.25 mg/l, the conduct becomes the criminal offence under Article 178a § 1 of the Criminal Code.
The misdemeanour carries detention or a fine of not less than PLN 2,500 (up to PLN 5,000) and a mandatory driving disqualification.
First Strategy: Challenging the Measurement Result
Every breathalyser has a defined measurement uncertainty. Under metrological regulations, the permitted error for results up to 0.4 mg/l is ±0.02 mg/l. This means that at a reading of 0.10 mg/l, the actual concentration could have been as high as 0.12 mg/l (clearly within the misdemeanour range) or as low as 0.08 mg/l (below the threshold).
Misdemeanour proceedings are governed by the principle of resolving doubts in favour of the defendant. If the measurement uncertainty means it cannot be established with certainty that the concentration actually exceeded the 0.10 mg/l threshold, the court should adopt the interpretation most favourable to the driver.
Pursuing this line of defence requires analysis of the calibration certificate for the specific device, which should be in the case file. An application for access to the file and analysis of the metrological documentation are the first steps in this strategy.
Second Strategy: Application for Departure from the Disqualification
Article 39 § 1 of the Code of Misdemeanours gives the court the option of refraining from imposing a driving disqualification in “cases meriting special consideration.” At a reading close to the lower threshold of the misdemeanour, the prospects of the court exercising this discretion are at their strongest.
The court takes into account the alcohol concentration – the closer to the lower threshold, the stronger the defendant’s position. The professional situation is also relevant: the need to commute to work, work requiring mobility, no access to public transport. Family circumstances matter too: caring for dependants, the need to transport children. A clean record and an unblemished history as a driver are arguments that courts take seriously.
The application for departure from the disqualification should be submitted with proper reasoning and supporting documentation – a certificate of no criminal record, documents confirming employment and family circumstances.
Both Strategies Can Be Combined
An application for discontinuance of the proceedings on grounds of measurement uncertainty and an application for departure from the disqualification are two independent lines of defence that can be pursued simultaneously as alternative claims. If the court does not accept the metrological argument, it may nonetheless refrain from imposing the disqualification on the basis of the defendant’s personal circumstances.
What to Do Immediately After Being Stopped
Stay calm and note down the exact reading – every hundredth of a mg/l matters. Ask for the model of the device. You have the right to request a second, control measurement and to ask for the result to be verified by a blood test. Do not make hasty statements – you have the right to decline to answer questions until you have consulted a lawyer. Contact a lawyer as soon as possible – the sooner the defence strategy is prepared, the greater the prospects of a favourable outcome.
Contact Us
If you have been stopped with a reading close to the lower threshold of the misdemeanour and want to know what prospects exist for keeping your licence, it is worth discussing the matter with a lawyer as soon as possible.
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.
