Being stopped for drink driving is one of the hardest moments a driver can face. The first questions that come to mind are always practical ones: how to get to work, who will pick the children up from school, what happens to the mortgage. Whether and how a licence can be kept – or a disqualification shortened – depends on the circumstances, but the options are wider than most drivers realise.
What Penalties Apply for Drink Driving
The law draws a distinction between two states. A blood alcohol concentration of between 0.2 and 0.5 per mille constitutes a misdemeanour under Article 87 of the Code of Misdemeanours – carrying a driving disqualification of between six months and three years. Above 0.5 per mille, it is a criminal offence under Article 178a of the Criminal Code – the driving disqualification is at least three years and in the most serious cases can be for life.
Courts in Poznań take drink driving seriously. But the law provides mechanisms that – with proper preparation – can materially change the outcome of proceedings.
Conditional Discontinuance – The Most Favourable Outcome
A conditional discontinuance of criminal proceedings is a result in which the court may impose a driving disqualification shorter than the standard three years – or refrain from imposing one at all. The case ends without a conviction, which matters not only for the disqualification itself but also for the driver’s criminal record.
The court does not consider a conditional discontinuance on its own initiative – it must be actively applied for and the case must be properly prepared.
When is a conditional discontinuance available?
The basic conditions are: no previous conviction for an intentional criminal offence, a low degree of fault and social harm, and a positive criminological prognosis – meaning a justified expectation that the driver will not reoffend.
When assessing these conditions, the court takes into account the alcohol concentration and the circumstances of the drive (the distance travelled, the time of day, traffic density), the driver’s professional and family situation, and their conduct during the proceedings – including whether they admitted the offence and expressed remorse.
There is no automatic alcohol concentration threshold that rules out a conditional discontinuance. Every case is assessed individually. Experience from our practice shows that a well-prepared application with proper supporting documentation can persuade the court even in cases that initially appear difficult.
How to Prepare the Application
The application must be specific and well documented. The court expects not only a description of the circumstances of the incident but above all a convincing picture of the driver’s personal situation and the consequences that a long disqualification would have for them and their family.
Useful supporting documents include a certificate of no criminal record, documents confirming employment and family circumstances, documentation of financial obligations and – where the driver works in a role that requires a vehicle – documents demonstrating that losing the licence would directly threaten their ability to earn a living.
A thoroughly prepared application makes a difference. Poznań courts take seriously cases in which it is clear that the driver understands the gravity of the situation and is actively working to address it.
What If the Disqualification Is Already Final
If a judgment has been handed down and the disqualification is in force, waiting for it to expire is not the only option. Article 182a of the Executive Criminal Code provides for an earlier return to driving through an alcohol interlock device.
An application can be made once at least half of the disqualification period has elapsed, but no sooner than after one year. The condition is the installation of an alcohol interlock device in the vehicle – a device that requires a sobriety test before the engine can be started each time.
This solution is particularly valuable for professional drivers and those whose work directly depends on being able to drive.
The Benefits of a Conditional Discontinuance
Beyond a shorter or entirely avoided driving disqualification, a conditional discontinuance means the driver does not have a criminal conviction – which matters for many professions that require a clean record. Where the disqualification is for up to one year, there is also no obligation to retake the driving test. The financial contribution ordered at a conditional discontinuance may be lower than the statutory minimum of PLN 5,000 that applies to a conviction for the criminal offence under Article 178a of the Criminal Code.
When to Act
The earlier a lawyer becomes involved, the more time there is to properly prepare the application and gather the necessary 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 or proceedings are already under way, it is worth discussing the available options 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.
