A driving disqualification is for many drivers the most painful consequence of drink driving – more keenly felt than a fine or even a suspended custodial sentence. It removes the offender from the road for years and directly affects their ability to earn a living and manage daily life. Understanding how a disqualification is imposed, when it starts running and whether it can be shortened is well worth knowing.
How Long Is a Disqualification for Drink Driving?
Article 42 § 2 of the Criminal Code requires the court to impose a driving disqualification in every case resulting in a conviction for the offence under Article 178a § 1 of the Criminal Code. The disqualification is mandatory – the court has no choice about imposing it, but does have discretion in setting its length.
The statutory limits are a minimum of three years and a maximum of fifteen years. In cases of recidivism or causing an accident resulting in death or serious bodily harm while intoxicated, a lifetime disqualification is possible (Article 42 §§ 3 and 4 of the Criminal Code).
A Case from the Courts
The District Court in Wągrowiec in its judgment of 3 February 2021 (case ref. II K 412/20) imposed a four-year disqualification from driving all motor vehicles on a driver found to have a blood alcohol concentration of between 2.9 and 3.1 per mille. The court credited the period during which the driving licence had been held by the police from 10 April 2020 against the disqualification.
This meant that the effective disqualification remaining after the judgment was just under three years and two months – nearly ten months had already elapsed from the moment the document was seized by the police.
Crediting the Period of Licence Seizure
This is one of the most important points that many drivers are unaware of. Where the police seized the driving licence immediately after the incident, that period is credited against the disqualification imposed. The disqualification runs from the date the document was seized – not from the date of the judgment.
In practice, this can mean that the actual remaining disqualification after the judgment is considerably shorter than the number of years stated in the operative part of the ruling. The longer the criminal proceedings lasted, the more time has already been “served” before the judgment.
What Vehicles the Disqualification Covers
The court may impose a disqualification from driving all motor vehicles – the broadest possible scope, covering cars, motorcycles, mopeds, tractors and other vehicles requiring a licence. A disqualification limited to a specific category of vehicle is also possible.
A disqualification from driving motor vehicles does not cover bicycles or non-motorised scooters.
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. Importantly, driving during the disqualification period interrupts its running – which means the disqualification period starts again from the beginning.
Can the Disqualification Be Shortened?
Early Completion of the Disqualification
Article 84 § 1 of the Criminal Code provides for a disqualification to be treated as having been served early, where at least half of the imposed period has elapsed and the disqualification did not exceed three years.
This means that for a disqualification of four years or longer, this route is not available. For a disqualification of exactly three years, an application can be submitted after at least one and a half years have elapsed.
It should be noted that this route does not apply to disqualifications imposed mandatorily under Article 42 § 2 of the Criminal Code for drink driving – these are excluded from early completion under this procedure.
Alcohol Interlock Device
A separate route to an earlier return to driving is the installation of an alcohol interlock device. Article 182a of the Executive Criminal Code allows an application to be made after at least half of the disqualification period has elapsed – but no sooner than after one year – conditional on the installation of a device in the vehicle that prevents the engine from starting if alcohol is detected in the driver’s exhaled breath. This route is available regardless of the length of the disqualification.
Recovering a Driving Licence After the Disqualification Expires
Once the disqualification has expired, the driving licence is not returned automatically. An application must be submitted to the transport department of the relevant district authority, medical and psychological examinations must be passed, and – where the disqualification lasted one year or longer – a competence test must be sat. Where the disqualification lasted more than three years, the full driving test is required, as when obtaining a licence for the first time.
Contact Us
A driving disqualification is a long-term consequence that requires planning both at the criminal defence stage and after the disqualification ends. If you have questions about the length of a disqualification, the possibility of shortening it or the procedure for recovering your entitlements, it is worth consulting 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.
