Alcohol Interlock Device – Returning to Driving During a Disqualification
A driving disqualification imposed for drink driving does not have to mean a complete inability to drive for the entire period it runs. Polish law provides for the possibility of authorisation to drive vehicles fitted with an alcohol interlock device – a mechanism that allows a return to driving while the disqualification is still in force, provided the statutory conditions are met.
Contents
- What an alcohol interlock device is and how it works
- Who can apply for authorisation
- When an application can be made
- What the court takes into account when considering the application
- How the procedure works – from application to installation
- What the authorisation means in practice – what it does not change
- Practical examples from our caseload
- FAQ
What an Alcohol Interlock Device Is and How It Works
An alcohol interlock device is installed in a vehicle and prevents the engine from being started without the driver first providing a breath sample. Before each start, the driver must blow into the device – if no alcohol is detected in the exhaled breath, the vehicle can be started. A positive result blocks the engine from starting.
Some devices also require a breath sample at randomly selected moments during the drive, to prevent alcohol being consumed after the engine has been started. The device records all measurements together with the date and time – this data can be read during technical inspections or roadside checks.
The legal basis for the alcohol interlock mechanism is Article 182a of the Executive Criminal Code.
Who Can Apply for Authorisation
Authorisation to drive vehicles fitted with an alcohol interlock device may be sought by a person convicted of the criminal offence of driving a motor vehicle while intoxicated or under the influence of a narcotic substance under Article 178a of the Criminal Code, against whom a driving disqualification has been imposed.
Article 182a of the Executive Criminal Code does not apply to persons against whom a lifetime disqualification has been imposed under Article 42 §§ 3 or 4 of the Criminal Code – that is, in cases of recidivism or causing a fatal accident while intoxicated. In such cases, authorisation for an alcohol interlock device is not available.
When an Application Can Be Made
An application may be made after at least half the disqualification period imposed in the judgment has elapsed. Since the court typically takes several months to consider an application and schedule a hearing, it is worth submitting it somewhat earlier – so that the hearing takes place as close as possible to the date on which the required period expires, rather than significantly later.
The application is made to the district court that delivered the first-instance judgment.
What the Court Takes Into Account When Considering the Application
The court considers the application at a hearing, assessing all the circumstances of the case. It takes into account primarily the seriousness of the offence committed – including the alcohol concentration at the time of the stop – the convicted person’s conduct during the disqualification, and in particular their compliance with the law and absence of further violations, as well as their individual circumstances: professional, family and health.
The legislation does not set out a closed list of documents required to accompany the application, but in practice it is worth attaching materials that present the applicant’s situation in a credible way: a certificate of employment or documentation confirming the operation of a business, a reference from an employer, medical records relating to the applicant or a family member requiring care, and – if the convicted person has undergone addiction therapy – a certificate of completion. The more fully the application conveys the applicant’s professional and personal circumstances, the better – the court needs a basis on which to assess whether the authorisation is justified.
An appeal against the court’s decision may be lodged within seven days of service of the decision together with its reasoning.
How the Procedure Works – From Application to Installation
After the application is submitted, the court schedules a hearing, which typically takes place within a few months. The hearing may be held without the applicant being summoned to attend in person – though attending, if possible, can be beneficial.
Once a decision granting the application has been issued, the driver may proceed to have the device installed in their vehicle. Installation should be carried out by a professional workshop – malfunctioning of the device may be treated as a breach of the terms of the authorisation. After installation, the vehicle undergoes a technical inspection confirming that the device has been correctly fitted.
The authorisation covers any vehicle fitted with an interlock device – it is not tied to a specific car. In practice, however, due to the cost of installation, drivers typically fit the device in the one vehicle they use day to day. Installation in a company vehicle is also possible, provided the employer gives their consent.
What the Authorisation Means in Practice – What It Does Not Change
Authorisation for an alcohol interlock device does not shorten the disqualification period – the disqualification runs until the end of the period specified in the judgment. It changes only its content: instead of a complete prohibition on driving, the convicted person may drive vehicles fitted with an interlock.
The authorisation also does not remove the obligation to retake the driving test if the disqualification lasted more than one year. Once the disqualification expires, the driver must sit the examination before they can drive vehicles without an interlock.
When the disqualification period ends, the interlock does not deactivate automatically – it must be removed at a workshop. Only after removal, and – where required – passing the examination, does the driver recover full driving entitlements.
Practical Examples from Our Caseload
A driver from Wielkopolska received a two-year disqualification after being stopped with a reading of 1.2 per mille. He lives in an area poorly served by public transport to his place of work. After one year had elapsed, he submitted an application for alcohol interlock authorisation, attaching a certificate from his employer confirming the need to commute by car and documentation showing the absence of public transport connections at the relevant times. The court granted the application, taking into account his stable professional and family situation and his compliance with the law during the disqualification.
A business owner in the transport sector lost his licence for eighteen months. The loss of his driving entitlements threatened the cash flow of his company. After nine months, the firm submitted an application for alcohol interlock authorisation, presenting the company’s financial documentation and demonstrating that the disqualification was directly threatening both the business and his family’s financial situation. The court granted the application, allowing the owner to return to work before half the disqualification period had elapsed.
FAQ
Does the alcohol interlock authorisation apply only to passenger cars? No. The authorisation covers any motor vehicle fitted with an interlock device – passenger cars, lorries and coaches. The type of vehicle is not restricted by the legislation, though the scope of the authorisation may depend on the categories of licence held by the driver.
What happens if the device detects alcohol while driving? The device records the measurement result. The vehicle is not immediately immobilised – that would be dangerous for road safety – but the next time the driver attempts to start the engine, the interlock will not permit it. The data relating to the event is stored and may be read during a technical inspection.
Can I drive a company vehicle fitted with an alcohol interlock device? Yes, provided the employer consents to the device being installed in a company vehicle and covers the cost of installation. It is worth clarifying this with the employer before submitting the application, if it is the company vehicle that is to be fitted with the interlock.
Do I have to retake the driving test after the disqualification ends? If the disqualification lasted one year or longer – yes. The obligation to retake the state examination follows from Article 103(1)(2) of the Act on Drivers of Vehicles and is not removed by obtaining alcohol interlock authorisation. It is worth planning to sit the examination in advance, so as not to unnecessarily extend the period without full entitlements after the disqualification ends.
Contact Us
Obtaining alcohol interlock authorisation depends to a significant degree on how the application is prepared and substantiated – the court needs convincing grounds on which to assess that the authorisation is justified by the circumstances.
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.