Drink driving is one of the most serious decisions a driver can make on the road. The consequences are severe – you can lose not only your driving licence but, your car as well. It is worth understanding what liability for driving under the influence of alcohol looks like and what defence strategies are available.
Misdemeanour or Criminal Offence – the Line at 0.5 Per Mille
Polish law distinguishes between two states.
Use of alcohol – a blood alcohol concentration of between 0.2 and 0.5 per mille (between 0.10 and 0.25 mg/l in exhaled breath). This is a misdemeanour under Article 87 of the Code of Misdemeanours.
Intoxication – a blood alcohol concentration above 0.5 per mille (above 0.25 mg/l in exhaled breath). This is a criminal offence under Article 178a § 1 of the Criminal Code.
Even a marginal breach of the 0.5 per mille threshold – for example a reading of 0.52 per mille – results in the conduct being classified as a criminal offence with all the consequences that entails.
What Penalties Apply
For the misdemeanour (0.2–0.5 per mille): detention or a fine of not less than PLN 2,500 (up to a maximum of PLN 5,000), a mandatory driving disqualification of between six months and three years, and 15 penalty points.
For the criminal offence (above 0.5 per mille): a fine, restriction of liberty or imprisonment 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.
Vehicle Forfeiture
The vehicle forfeiture provisions of Article 44b of the Criminal Code have applied since 29 January 2026.
Mandatory forfeiture: where the blood alcohol concentration is at least 1.5 per mille, or 0.75 mg/dm³ in exhaled breath, and also in cases of recidivism and where an accident is caused while intoxicated.
Discretionary forfeiture: at concentrations of between 1.0 and 1.5 per mille – the court may, but need not, order forfeiture.
Forfeiture of equivalent value: where the vehicle has been sold, lost or does not belong exclusively to the offender, the court may order forfeiture of the vehicle’s equivalent value instead of the vehicle itself.
Defence Strategies
Challenging the measurement procedure. Verifying the validity of the breathalyser’s calibration certificate, checking that two measurements were taken at the required interval, and – at borderline readings – requesting a blood test as a more precise method.
Demonstrating a low degree of social harm. No accident or collision, a marginal excess over the threshold, a short distance driven – these circumstances can lead to a more lenient sentence.
Application for a conditional discontinuance. Available where there is no previous conviction for an intentional offence, the alcohol concentration is low and the degree of social harm is minor. At a conditional discontinuance, the court may impose a disqualification shorter than three years or refrain from imposing one at all.
Voluntary submission to sentence (Article 387 of the Code of Criminal Procedure). An effective strategy where the evidence is clear. An agreed sentence typically produces a more favourable outcome than standard proceedings.
Several Situations Worth Knowing About
Alcohol “the morning after”. Alcohol can remain in the blood for many hours after consumption – sometimes until the following morning after a heavy evening. The subjective feeling of sobriety can be misleading.
Refusing the test. Refusing to submit to an alcohol test is treated by law in the same way as driving while intoxicated and constitutes a separate misdemeanour carrying serious consequences.
A borderline reading. At readings close to 0.5 per mille it is worth requesting a blood test. The permitted measurement error for breathalysers at readings up to 0.4 mg/l is ±0.02 mg/l – the difference may change the legal classification of the conduct.
FAQ
Can you lose your car for a reading of 0.6 per mille? No. Vehicle forfeiture only applies from 1.0 per mille upwards, and mandatory forfeiture from 1.5 per mille.
How much is the fine for drink driving? For the misdemeanour: not less than PLN 2,500 (up to PLN 5,000). For the criminal offence: at the court’s discretion in daily rates, plus a mandatory financial contribution of between PLN 5,000 and PLN 60,000.
Is it worth requesting a blood test? Yes, particularly at borderline readings (for example 0.52 per mille), where the breathalyser’s measurement error may be relevant to the classification of the conduct.
How long does court proceedings take? Cases involving the criminal offence under Article 178a of the Criminal Code typically take between several months and one year. A voluntary submission to sentence shortens this.
Can you drive during a disqualification? No. Driving in breach of a court-imposed disqualification is a criminal offence under Article 244 of the Criminal Code, carrying a custodial sentence of between three months and five years.
Contact Us
If you have been stopped for drink driving or proceedings are already under way, it is worth consulting a lawyer as soon as possible – the defence strategy must be tailored to the specific circumstances of the case.
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.
