An alcohol interlock device can allow a driver convicted of drink driving to return to the wheel earlier than the imposed disqualification would suggest. It is the only legal route to shortening a driving disqualification imposed for the criminal offence under Article 178a of the Criminal Code – and it is worth knowing how to use it.
What an Alcohol Interlock Device Is
An alcohol interlock (interlock) is a device fitted in a vehicle that prevents the engine from starting if the concentration of alcohol in the driver’s exhaled breath exceeds a programmed threshold (typically 0.02 mg/l or 0.1 per mille). The driver must blow into the device before every engine start. The result is recorded and archived.
The device eliminates the risk of drink driving – which is precisely why the legislature provided for it as a condition for an earlier return to driving.
The Legal Basis – Article 182a of the Executive Criminal Code
Article 182a § 1 of the Act of 6 June 1997 – the Executive Criminal Code – provides that where a driving disqualification has been served for at least half of its imposed duration – or, in the case of a lifetime disqualification, for at least ten years – the court may order that the penal measure continue to be served in the form of a disqualification from driving vehicles not fitted with an alcohol interlock.
This means that once the conditions are met, the driver may drive – but only a vehicle fitted with the device.
Who Can Use the Interlock
The alcohol interlock is available to persons convicted of the criminal offence under Article 178a of the Criminal Code (driving while intoxicated) who have been subject to a driving disqualification.
Conditions: At least half of the imposed disqualification period must have elapsed – but no sooner than one year after it began to run. This means that for a three-year disqualification, an application can be submitted no earlier than after one and a half years (but not before one year has elapsed).
An alcohol interlock must be installed in the vehicle the convicted person intends to drive.
No negative grounds exist – the court assesses the convicted person’s conduct during the disqualification and their prospects for the future.
The interlock is not available for lifetime disqualifications – unless the disqualification was imposed and has been served for at least ten years, which is an exceptional situation.
The Procedure for Obtaining the Court’s Permission
Application to the court. The convicted person submits an application to the court that issued the first-instance judgment (the enforcement court). The application should include: the period of the disqualification already served, information about the installation of the interlock or readiness to install it, and arguments in favour of a positive outcome (professional situation, family circumstances, the applicant’s conduct).
Probation officer’s opinion. The court typically seeks the opinion of the probation officer supervising the convicted person. A positive opinion from the probation officer significantly increases the prospects of the application being granted.
The court’s decision. The court may grant or dismiss the application. A complaint lies against a dismissal decision.
Installation of the interlock. Following a positive court decision, the convicted person is required to have the interlock installed in their vehicle before returning to driving.
How the Interlock Works in Practice
Before every engine start, the driver blows into the mouthpiece of the device. If the result is negative (no alcohol detected) – the engine starts normally. If the result is positive – the engine will not start.
The device records all start attempts – both those that passed and those that produced a positive result. The data is archived and can be read by the service provider or at the court’s request.
The driver is required to attend regular service appointments (typically every 60–90 days). Failure to attend a service appointment may result in the device being immobilised.
The Interlock and Other Routes to Shortening a Disqualification
The alcohol interlock is the only route to an earlier return to driving for disqualifications arising from convictions under Article 178a of the Criminal Code, regardless of the length of the disqualification. Early completion of the disqualification under Article 84 § 1 of the Criminal Code is excluded for these disqualifications.
Contact Us
If you have served at least half of your disqualification and want to return to driving earlier through the alcohol interlock, it is worth discussing the procedure with a lawyer – proper preparation of the application and a positive probation officer’s opinion are critical to the court’s decision.
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.
