The question almost every driver stopped for drink driving asks is: do I really have to lose my licence for three years? For many people this is a question about keeping their job and managing everyday life. The answer is less straightforward than it might appear.
The Standard Penalties – What the Law Provides
Driving while intoxicated (above 0.5 per mille in the blood or 0.25 mg/l in exhaled breath) is a criminal offence under Article 178a § 1 of the Criminal Code. The court is then required to impose a driving disqualification – and for a minimum of three years. In cases of recidivism or causing an accident while intoxicated, the disqualification may be for life.
A three-year disqualification is therefore not a matter of judicial discretion but a statutory minimum. There is no possibility of imposing a shorter disqualification within the framework of an ordinary conviction – regardless of the circumstances of the case.
There is, however, one exception.
Conditional Discontinuance – the Only Route to a Shorter Disqualification
Where proceedings are conditionally discontinued, the court does not issue a conviction. It finds that the offence was committed but does not sentence the defendant – which means no entry in the criminal register as a convicted person. And it is precisely in this context that the court may impose a driving disqualification of one or two years instead of the mandatory three.
In exceptional cases, the court may refrain from imposing a disqualification at all.
A conditional discontinuance is not a privilege available to everyone. It requires specific conditions to be met and the case to be properly prepared.
When a Conditional Discontinuance Is Available
Article 66 § 1 of the Criminal Code requires several conditions to be met simultaneously.
No previous conviction for an intentional criminal offence. This is an absolute prerequisite and cannot be circumvented. A previous conviction for any intentional offence closes the door to a conditional discontinuance until that conviction has been spent.
A low degree of social harm. The court assesses the alcohol concentration – the closer to the lower threshold of the criminal offence (0.5 per mille), the stronger the position. The manner of driving, the distance covered, the time of day and traffic density also matter. Moving a car a few hundred metres at night on empty streets is assessed differently from driving through the city centre during rush hour.
A low degree of fault. The court takes into account the circumstances that led the driver to get behind the wheel. Was the driver convinced they were sober? Were there particular circumstances? Both the fact and the motivation are assessed.
A positive criminological prognosis. The court must have reasonable grounds to find that the defendant is unlikely to reoffend. This is where prior conduct matters: stable employment, family circumstances, community involvement and an unblemished reputation.
What a Conditional Discontinuance Offers
Beyond a shorter driving disqualification, a conditional discontinuance has several other significant consequences.
No conviction. A person whose case is conditionally discontinued is not a convicted person – they do not appear in the criminal register as someone convicted of a criminal offence. This matters for many professions that require a clean record.
No obligation to retake the driving test. A disqualification of less than one year does not trigger an obligation to sit the driving test again. Once it expires, it is sufficient to apply for the return of the document.
A lower financial contribution. Where a conviction is handed down for the offence under Article 178a § 1 of the Criminal Code, the court is required to order a financial contribution of at least PLN 5,000. At a conditional discontinuance, the amount may be lower.
How to Prepare the Application
The court does not consider a conditional discontinuance on its own initiative – an application with supporting reasons must be submitted. The better prepared the application, the greater the chance of a favourable outcome.
The statement of reasons should precisely describe the circumstances of the incident (time, location, distance driven, manner of driving), the defendant’s professional situation and the consequences of a long disqualification for their work and family, and the defendant’s attitude – admission of the offence and expression of genuine remorse.
Useful supporting documents include: a certificate of no criminal record, documents confirming employment and the scope of professional duties, an employer’s reference confirming that driving is required as part of the work, documents relating to family and financial circumstances, and – where relevant – documents confirming community involvement or voluntary work.
The application should be submitted as early as possible. If the case is still at the prosecutorial stage, it can be directed there. If it has already reached the court, it goes directly to the court.
What the Court Takes Into Account
Experience from our practice shows that the court’s decision on a conditional discontinuance is influenced primarily by: the alcohol concentration (the closer to the lower threshold, the better), the circumstances of the stop (a routine check versus an intervention following dangerous driving), the driver’s conduct (admission of guilt, remorse, cooperation with the police), the professional and family consequences of the disqualification, and the driver’s prior conduct and reputation.
The court assesses each case individually. There is no mechanical criterion that automatically determines whether a conditional discontinuance is granted or refused.
When to Act
As early as possible. The sooner a lawyer becomes involved, the more time there is to prepare the application properly and gather the supporting documentation. In drink driving cases, the first steps are taken at the pre-trial stage – before the case reaches a hearing.
Contact Us
We handle drink driving cases in Poznań and across the Wielkopolska region. If you have been stopped and want to know whether a conditional discontinuance is available in your situation, it is worth discussing matters 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.
