“One beer won’t hurt.” “I’m only going a short distance.” “I drank yesterday – I must be sober by now.” These are the assumptions that lie behind some of the most serious cases the firm handles. Drink driving is not an abstract rule – it is a concrete decision that carries concrete legal consequences. It is worth knowing what those consequences are before experiencing them first-hand.
Use of Alcohol Versus Intoxication – Where the Line Is Drawn
Polish law draws a clear distinction between two states.
Use of alcohol arises where the blood alcohol concentration is between 0.2 and 0.5 per mille (or between 0.10 and 0.25 mg/l in exhaled breath). This is a misdemeanour under Article 87 of the Code of Misdemeanours, carrying detention or a fine of at least PLN 2,500 and a driving disqualification of between six months and three years.
Intoxication arises where the concentration exceeds 0.5 per mille (or 0.25 mg/l in exhaled breath). This is a criminal offence under Article 178a § 1 of the Criminal Code, carrying a custodial sentence of up to three years, a mandatory driving disqualification of between three and fifteen years, and a financial contribution to the Fund for Assistance to Victims of between PLN 5,000 and PLN 60,000.
It is worth bearing in mind that even a single beer can push some people above the 0.2 per mille threshold. Body weight, metabolism and the timing of the last meal all affect the blood alcohol level in ways that cannot be predicted with any precision without a test.
The Sobriety Testing Procedure – What to Know
The correctness of the testing procedure has legal significance – procedural failings can form the basis for challenging the result.
A breathalyser test should be preceded by a fifteen-minute observation period (because substances present in the mouth can affect the reading). The device must have a valid calibration certificate. The driver has the right to a second, control test.
If the driver disputes the breathalyser result or is unable to blow into the device for health reasons, they may request a blood test. A blood test is more precise and provides more data for a later toxicology expert’s analysis. There are known cases where the blood test result proved lower than the breathalyser reading – sometimes to a degree that changed the legal classification of the conduct.
Common Mistakes That Lead to Problems
The belief in rapid sobering up. The body eliminates alcohol at a rate of approximately 0.1–0.15 per mille per hour – and this cannot be accelerated. After a heavy evening, alcohol can remain in the blood the following morning. Coffee, a cold shower and energy drinks do not change the rate at which the body metabolises alcohol.
The belief in a “safe” amount. There is no single safe dose of alcohol before driving, because absorption rates vary between individuals and circumstances. The only reliable method is not driving after consuming any alcohol.
Fleeing from a sobriety check. Attempting to escape a sobriety check is a separate criminal offence that accumulates with the drink driving charge and is treated by courts as a significant aggravating factor.
Causing an Accident While Intoxicated – Considerably More Serious Consequences
Where an intoxicated driver causes a road accident, the penalties are far more severe than for drink driving alone.
For an accident causing bodily injury lasting more than seven days, the penalty is a custodial sentence of between three months and four and a half years (Article 177 § 1 in conjunction with Article 178 § 1 of the Criminal Code). For an accident resulting in death or serious bodily harm, the penalty is between six months and twelve years (Article 177 § 2 in conjunction with Article 178 § 1 of the Criminal Code).
On top of this comes a mandatory driving disqualification – which in the case of a fatal accident may be for life – and insurance recourse, meaning the insurer’s demand for repayment of all compensation paid to the injured parties. Recourse amounts can run to hundreds of thousands of zlotys.
Recidivism – When History Repeats Itself
A repeat drink driving offence is treated by the law and by courts considerably more harshly than a first offence. Recidivism can result in a longer driving disqualification, a higher penalty, mandatory therapeutic courses and, in extreme cases, a lifetime driving ban.
The Alcohol Interlock – An Earlier Return to Driving
Where a driving disqualification is already final and running, waiting for it to expire is not the only option. Article 182a of the Executive Criminal Code provides for an earlier return to driving following the installation of 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 alcohol interlock prevents the vehicle from being started if the device detects alcohol in the driver’s exhaled breath. It is installed at the driver’s expense.
The Road to Recovering a Driving Licence
The expiry of a driving disqualification does not mean the automatic return of driving entitlements – specific steps are required.
Medical and psychological examinations. Positive assessments must be obtained from a doctor authorised to examine drivers and from a transport psychologist. Where alcohol dependency is suspected, referral for additional specialist examinations is possible.
A competence test. Where the disqualification lasted one year or longer, a competence test must be passed – covering both theoretical knowledge and practical skills. Where the disqualification lasted more than three years, the full driving test must be sat as if obtaining a licence for the first time.
An application to the district authority. With a complete set of documents – the medical and psychological assessments and the competence test certificate – an application is submitted to the transport department of the relevant district authority (starostwo powiatowe).
Contact Us
Drink driving affects drivers from all walks of life and with all levels of experience behind the wheel. Whether you are in the middle of criminal proceedings or planning your return to driving after a disqualification expires, it is worth discussing your situation with a lawyer.
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.
