A seemingly simple rule – do not drive after drinking – conceals a legal divide that has enormous consequences. A single breathalyser reading can send a case to the misdemeanour division or to the prosecutor’s office. The difference between a misdemeanour and a criminal offence is sometimes a matter of a tenth of a per mille.
The Threshold at 0.5 Per Mille
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 § 1 of the Code of Misdemeanours. It carries detention or a fine of not less than PLN 2,500, a mandatory driving disqualification and 15 penalty points. The case goes to the district court’s misdemeanour division.
Intoxication arises where the blood alcohol 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. It carries a custodial sentence of up to three years, a mandatory driving disqualification of at least three years (a lifetime ban is possible for repeat offenders) and a financial contribution of between PLN 5,000 and PLN 60,000. The case goes to the prosecutor’s office and the criminal court.
Why This Threshold Matters So Much
Crossing the 0.5 per mille line changes the nature of the proceedings and their consequences in several important ways.
A criminal conviction means an entry in the National Criminal Register – a convicted person loses their clean record. A misdemeanour does not result in such an entry.
The minimum driving disqualification for the criminal offence is three years. For the misdemeanour, the court must impose a disqualification but its length depends on the circumstances of the case. This difference can determine whether a driver can keep their job.
The criminal offence also carries a mandatory financial contribution of at least PLN 5,000, which does not apply to the misdemeanour.
What Affects Blood Alcohol Concentration
How many per mille the breathalyser shows depends on many factors. Body weight and sex are significant – the same amount of alcohol will produce a higher concentration in a person with a lower body mass. Women metabolise alcohol more slowly than men due to lower body water content and lower activity of the enzymes that break down alcohol.
The timing and content of the last meal affect the rate of absorption – alcohol consumed on an empty stomach is absorbed considerably faster. Health, fatigue and medication can alter alcohol metabolism in ways that are difficult to predict.
In practice, this means that the same amount of alcohol can produce vastly different test results in different people.
What to Do When Stopped for a Check
Stay calm and do not argue with the officers at the scene. You have the right to request a repeat test after fifteen minutes and to ask for the breathalyser result to be verified by a blood test. Keep a copy of the test record – the times of the measurements, the device number and the results of both readings may matter in subsequent proceedings.
Do not make hasty statements – you have the right to decline to answer questions until you have consulted a lawyer, at every stage of the proceedings.
Contact Us
Whether the case involves a misdemeanour or a criminal offence, acting correctly from the first moments after being stopped can materially affect the outcome.
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.
