Being stopped for drink driving is a serious situation, but not every stop leads to the same outcome. In misdemeanour cases – where the alcohol concentration did not exceed 0.5 per mille in the blood or 0.25 mg/l in exhaled breath – the law gives the court the option of refraining from imposing a driving disqualification. This is not the rule, but it is a real mechanism that courts in Poznań apply in appropriately prepared cases.
Misdemeanour or Criminal Offence – Where the Line Is Drawn
Drink driving can be either a misdemeanour or a criminal offence, depending on the alcohol concentration.
A misdemeanour under Article 87 § 1 of the Code of Misdemeanours arises where the alcohol concentration is between 0.10 and 0.25 mg/l in exhaled breath, or between 0.2 and 0.5 per mille in the blood. It carries detention or a fine of at least PLN 2,500, and a driving disqualification of between six months and three years.
A criminal offence under Article 178a of the Criminal Code arises where the concentration exceeds those thresholds. The consequences are significantly more serious and are addressed in a separate section.
This article deals exclusively with the misdemeanour.
Can the Court Refrain from Imposing a Disqualification?
Yes. Article 39 § 1 of the Code of Misdemeanours gives the court the option of refraining from imposing a driving disqualification in cases that merit special consideration. This is an exception to the general rule – and it requires active steps on the part of the defendant and their lawyer.
The court does not consider this option automatically. It must be applied for, and the case must be properly prepared.
What the Court Takes Into Account
When assessing whether a case merits special consideration justifying a departure from the disqualification, the court examines several factors.
The circumstances of the offence. The closer the alcohol concentration to the lower threshold of the misdemeanour, the stronger the defendant’s position. The time of day, the location of the stop and the manner of driving also matter – a routine check on a quiet road is assessed differently from a stop following a dangerous manoeuvre in the city centre.
Personal and professional circumstances. The court takes into account what consequences the loss of a driving licence would have for the defendant and their family. Professional drivers, business owners whose work requires mobility, people caring for disabled relatives or residents of areas with limited public transport – these circumstances are relevant and can be presented effectively to the court.
The defendant’s attitude. Admitting the offence, expressing genuine remorse and demonstrating awareness of the seriousness of the situation are mitigating factors that courts take into account.
A clean record. The absence of previous road traffic violations and no criminal convictions is a basic prerequisite.
How to Prepare the Application
The key is a well-prepared application for a voluntary submission to sentence – a fine, with a simultaneous application for the court to refrain from imposing a disqualification. The application must contain a detailed statement of reasons and be supported by specific documents.
Useful supporting documents include a certificate of no criminal record, documents confirming employment or business activity and the need to use a vehicle for work, documents relating to financial obligations and family circumstances, and – where the defendant transports a disabled or seriously ill person – documentation confirming that fact.
An application for a voluntary submission to sentence must be submitted no later than the conclusion of the defendant’s examination at the main hearing.
When the Prospects Are Best
Experience from our practice shows that the best conditions for obtaining a departure from a disqualification arise where the alcohol concentration was close to the lower threshold of the misdemeanour, the stop took place during a routine check, the defendant has no previous road traffic convictions, the loss of the licence would cause serious and documentable professional or family consequences, and the defendant clearly expresses remorse and admits the offence.
Every case is assessed individually. There is no automatic guarantee of a departure from the disqualification – but a properly prepared case meaningfully improves the prospects of a favourable outcome.
When to Act
The sooner a lawyer becomes involved, the more time there is to properly prepare the application and gather the necessary documentation. Misdemeanour proceedings move quickly – delaying action limits the available options.
Contact Us
If you have been stopped for a drink driving misdemeanour and want to keep your licence, it is worth discussing the available options 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.
