A driving disqualification is the standard outcome of a drink driving case. But “standard” does not mean “inevitable.” The law provides two routes that, in the right circumstances, can avoid a disqualification entirely or significantly reduce its length. The outcome depends on the alcohol concentration, the circumstances of the case and how well the defence is prepared.
Two Different Situations – Two Different Routes
Misdemeanour (0.2–0.5 per mille) – Article 87 § 1 of the Code of Misdemeanours. A fine of not less than PLN 2,500 and a mandatory driving disqualification. The court does, however, have the option of refraining from imposing a disqualification in cases meriting special consideration (Article 39 § 1 of the Code of Misdemeanours).
Criminal offence (above 0.5 per mille) – Article 178a § 1 of the Criminal Code. A custodial sentence of up to three years and a mandatory driving disqualification of at least three years. The only route to avoiding a lengthy disqualification is a conditional discontinuance of the criminal proceedings.
The key practical difference: at the misdemeanour level the court can simply refrain from imposing a disqualification and impose a fine instead. At the criminal offence level the disqualification is mandatory – the only way to shorten or avoid it is through a conditional discontinuance, at which the court may impose a disqualification shorter than three years or refrain from imposing one at all.
The Misdemeanour – When Can the Court Refrain from a Disqualification?
Article 39 § 1 of the Code of Misdemeanours gives the court the option of refraining from imposing a disqualification in “cases meriting special consideration.” This is an evaluative concept – and it is precisely in this evaluation that room for action exists.
The court takes into account primarily: the alcohol concentration (the closer to the lower threshold of the misdemeanour, the stronger the position), the circumstances of the stop (a routine check on a quiet road is assessed differently from an intervention following dangerous driving), professional and family circumstances (dependence on a licence, supporting dependants, no alternative means of transport) and the defendant’s attitude (admission of the offence and genuine remorse).
An application for a voluntary submission to sentence, submitted with proper reasoning and supporting documentation, gives the best prospects of a favourable outcome.
The Criminal Offence – Conditional Discontinuance as the Only Route
Where the concentration exceeds 0.5 per mille, a conditional discontinuance is the only path to a disqualification shorter than three years. At a conditional discontinuance the court may impose a disqualification of one or two years – or refrain from imposing one at all.
The conditions (Article 66 of the Criminal Code): no previous conviction for an intentional offence, a low degree of fault and social harm, and a positive criminological prognosis.
At a concentration close to 0.5 per mille, at a first offence, with no collision and a favourable personal situation – a conditional discontinuance is a realistic prospect. At readings above 1.0 per mille the prospects diminish sharply, though an exceptionally favourable set of circumstances does not make them zero.
What Improves the Prospects
The alcohol concentration. This is the decisive factor. Borderline readings (0.2–0.3 per mille for the misdemeanour, 0.5–0.7 per mille for the criminal offence) give the best prospects. At very high concentrations the available options are seriously limited.
No previous convictions. An absolute condition for a conditional discontinuance and a significant mitigating factor in misdemeanour proceedings.
Professional circumstances. Work requiring mobility, travel to clients, patients or pupils – properly documented, this is one of the most effective arguments available.
Family circumstances. Supporting a family, caring for dependants, no access to public transport at the place of residence.
Conduct following the incident. Admitting the offence, expressing genuine remorse and demonstrating an understanding of the seriousness of the situation – courts take the defendant’s attitude into account.
Documentation That Matters
An application for a departure from the disqualification or a conditional discontinuance should be supported by: a certificate of no criminal record, documents confirming employment and the scope of professional duties, an employer’s reference, documents relating to the family and financial situation (a mortgage, maintenance obligations, caring responsibilities) and – where relevant – documents confirming the absence of public transport connections at the place of residence.
An application without supporting documentation has significantly lower prospects than a well-prepared application with a complete set of attachments.
When to Act
As early as possible – ideally before the first interview. The defence strategy must be tailored to the specific circumstances of the case, and some procedural options are only available at the early stages of proceedings.
Contact Us
If you have been stopped for drink driving and want to know what realistic prospects exist for keeping your licence in your particular situation, 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.
