A conditional discontinuance of criminal proceedings is the only route to avoiding the mandatory three-year driving disqualification that applies to the criminal offence under Article 178a § 1 of the Criminal Code. Below are answers to the questions that arise most often.
How a Conditional Discontinuance Differs from a Conviction
On a conviction, the court is required to impose a driving disqualification of at least three years, a financial contribution of at least PLN 5,000 and a penalty of a fine, restriction of liberty or imprisonment. The convicted person appears in the National Criminal Register as someone convicted of a criminal offence.
At a conditional discontinuance, the court does not issue a conviction – it sets only a probationary period of between one and three years. It may impose a driving disqualification shorter than three years or refrain from imposing one at all. A person whose case is conditionally discontinued is not a convicted person.
Can Everyone Apply for a Conditional Discontinuance?
No. The conditions are set out in Article 66 of the Criminal Code and must all be met simultaneously: no previous conviction for an intentional criminal offence, a low degree of fault and social harm, and a positive criminological prognosis.
No previous conviction for an intentional criminal offence is an absolute prerequisite. If a conviction for any intentional offence has not yet been spent, a conditional discontinuance is not available.
At What Alcohol Concentration Are the Prospects Realistic?
There is no automatic concentration threshold above which a conditional discontinuance is ruled out. The court assesses the case as a whole.
At concentrations close to the lower threshold of the criminal offence (0.25 mg/l in exhaled breath or 0.5 per mille in the blood), the prospects are at their strongest. At moderate concentrations they depend on other circumstances – primarily the circumstances of the stop and the defendant’s personal situation. At concentrations significantly above 1 per mille the prospects are low, but with a particularly favourable set of circumstances are not zero.
What Does the Court Assess When Evaluating Social Harm?
The court takes into account: the alcohol concentration and how far it exceeds the lower threshold of the offence, the circumstances of the stop (a routine check versus an intervention following dangerous driving), the distance driven, the time of day and traffic density, and whether a collision occurred or other road users were put at risk. None of these factors is individually decisive – the court’s assessment is a cumulative one.
What Documents Are Worth Including in the Application?
A certificate of no criminal record is absolutely essential. Beyond that: documents confirming employment and the scope of professional duties, an employer’s reference, documents relating to family and financial circumstances (a mortgage, maintenance obligations, caring responsibilities), and – where relevant – documents confirming community involvement or voluntary work.
An application without supporting documentation has significantly lower prospects than a well-prepared application with a complete set of attachments.
When to Submit the Application
As early as possible. At the pre-trial stage, a lawyer can prepare the grounds for a conditional discontinuance and present them to the prosecutor. Under Article 336 § 1 of the Code of Criminal Procedure, the prosecutor may submit an application for a conditional discontinuance to the court instead of an indictment – a faster route than standard proceedings, as the court considers the application without a full hearing unless the defendant or the injured party objects.
Where the case has already reached the court, the application is submitted directly to the court.
Delaying the application limits the available options and reduces the prospects of a favourable outcome.
What Happens If the Court Refuses?
The proceedings continue in the ordinary way. The court will issue a judgment in the case for the criminal offence under Article 178a § 1 of the Criminal Code – with a mandatory driving disqualification of at least three years and a financial contribution of at least PLN 5,000.
An appeal against a refusal of a conditional discontinuance lies within 14 days of the judgment being served.
Contact Us
If you have been stopped for drink driving and want to know whether a conditional discontinuance is available in your 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.
