Driving while intoxicated is a criminal offence carrying a custodial sentence of up to three years. Despite this, courts impose a fine in many cases. How is this possible? And what determines a court’s choice of the more lenient penalty?
Three Types of Penalty – One Judicial Decision
Article 178a § 1 of the Criminal Code provides for a fine, restriction of liberty or imprisonment of up to three years as alternatives. The court has discretion to choose between these forms – and exercises that discretion by weighing all the circumstances of the case.
In practice, this means that even at very high alcohol concentrations a fine is possible, provided the right mitigating circumstances are present.
A Case from the Courts – Nearly 3 Per Mille, Yet a Fine
The District Court in Wągrowiec in its judgment of 3 February 2021 (case ref. II K 412/20) convicted a driver who had been operating a vehicle with a blood alcohol concentration of between 2.9 and 3.1 per mille and sentenced them to a fine of 100 daily rates at PLN 20 each – a total of PLN 2,000. In addition to the fine, the court ordered a financial contribution of PLN 6,000 to the Fund for Assistance to Victims and waived the court costs in view of the defendant’s difficult financial circumstances.
This judgment illustrates several important points. First – even at a concentration approaching 3 per mille, a court can impose a fine rather than a custodial sentence. Second – the level of the fine depends on the offender’s financial situation: PLN 20 per daily rate is at the lower end of the scale, while the maximum rate is PLN 2,000. Third – the financial contribution can exceed the fine itself: in this case it was three times higher.
What Influences the Choice of a Fine
Analysis of case law and experience from our practice shows that courts reach for a fine primarily where the offender has no previous conviction for this type of offence, admitted guilt and expressed remorse, did not cause an accident or collision, cooperated with law enforcement and applied for a voluntary submission to sentence. The defendant’s family and professional circumstances also matter – a person supporting a family, in stable employment and with a positive reputation is in a stronger starting position than someone without such circumstances.
Difficult financial circumstances can reduce the daily rate – which lowers the total fine – but does not eliminate the other consequences.
When Courts Choose Imprisonment
A custodial sentence – most commonly suspended, less commonly immediate – is imposed primarily in cases of recidivism where the offender has been previously convicted of the offence under Article 178a of the Criminal Code or a similar offence, where an accident or collision occurred, where the alcohol concentration was very high and no significant mitigating circumstances are present, and where the defendant did not admit guilt or obstructed the proceedings.
A Fine Is Not the Whole Picture – Other Mandatory Consequences
Regardless of which type of penalty is imposed, a conviction under Article 178a § 1 of the Criminal Code always carries a mandatory driving disqualification of at least three years, a financial contribution of at least PLN 5,000 under Article 43a § 2 of the Criminal Code, and an entry in the National Criminal Register.
It is worth bearing this in mind when assessing the consequences: obtaining a fine rather than a custodial sentence is a significant difference – but it does not make the other penalties disappear. The driving disqualification and the financial contribution are mandatory regardless of which principal penalty is imposed.
A Strategy Aimed at a Fine
Several steps can materially improve the prospects of a fine being imposed rather than a harsher sentence.
Admitting guilt and expressing remorse from the outset of the proceedings works in the defendant’s favour. An application for a voluntary submission to sentence (Article 387 of the Code of Criminal Procedure) allows the sentence to be agreed with the court and the matter to be concluded more quickly. Documentation confirming the professional, family and social situation – an employment certificate, an employer’s reference, documents relating to family responsibilities – strengthens the argument for a more lenient sentence. Difficult financial circumstances, properly documented, affect the level of the daily rate.
Contact Us
The penalty for drink driving is the product of many factors – and not everything is predetermined. The right defence strategy can materially affect the type and level of the sentence imposed.
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.
