Every per mille matters – not just as a number, but as the line between a misdemeanour and a criminal offence, between a fine and a conviction, between a short and a lengthy driving disqualification. The law provides for different sanctions depending on the alcohol level, the circumstances of the incident and the driver’s history. Understanding how these elements fit together is worth knowing.
The Line Between a Misdemeanour and a Criminal Offence
The fundamental divide falls at 0.5 per mille in the blood, or 0.25 mg/l in exhaled breath.
Below that threshold – a misdemeanour under Article 87 of the Code of Misdemeanours. A fine of between PLN 2,500 and PLN 30,000, a driving disqualification of between six months and three years, and 15 penalty points. The case goes to the district court’s misdemeanour division.
Above that threshold – a criminal offence under Article 178a § 1 of the Criminal Code. A custodial sentence of up to three years, a mandatory driving disqualification of at least three years, and a financial contribution to the Fund for Assistance to Victims of between PLN 5,000 and PLN 60,000.
This threshold changes everything: a different set of proceedings, different consequences for the criminal record, a different disqualification length and different defence tools.
How the Alcohol Concentration Affects the Severity of the Sentence
The legislation sets only the lower and upper limits of the available sanctions – within those limits the court has discretion. In practice, the alcohol concentration is one of the primary factors shaping the sentence.
Concentration close to the lower criminal threshold (0.5–0.7 per mille). For a first offence, courts typically impose a fine or restriction of liberty, a disqualification of around three years and a financial contribution at the lower end of the statutory range. This is also the zone where a conditional discontinuance of proceedings is most achievable.
Concentration of 1.0–1.5 per mille. Noticeably higher fines, longer disqualifications – typically four to eight years – and a higher financial contribution. A conditional discontinuance is harder to obtain, though not ruled out where circumstances are favourable.
Concentration above 1.5 per mille. At this level, vehicle forfeiture has been mandatory since 29 January 2026, unless an exceptional case justified by special circumstances is made out. Driving disqualifications approach the upper statutory limits. A custodial sentence – technically available at any concentration above 0.5 per mille – becomes considerably more likely at such readings.
What Aggravates the Sentence
Experience from our practice shows that courts consistently impose harsher sentences in several situations.
Recidivism. A repeat drink driving offence following a previous conviction radically changes the outlook – both in terms of the penalty and the disqualification. A lifetime driving ban is possible for repeat offenders.
Causing a danger or harm. A collision, an accident, a pedestrian at a crossing – any situation where the state of intoxication was connected to a risk to other road users materially increases the sentence. Where an accident results in death or serious bodily harm, the more serious offence under Article 177 § 2 in conjunction with Article 178 of the Criminal Code applies – carrying a sentence of up to twelve years.
Conduct after being stopped. Aggression towards officers, fleeing a pursuit, attempting to conceal the fact of driving – all of these are treated as aggravating factors.
A very high alcohol concentration. A reading above 2 per mille is treated by courts as indicating a serious disregard for road safety.
What Can Reduce the Sentence
Admitting the offence and expressing remorse. The defendant’s attitude matters – courts value honesty and a genuine understanding of the seriousness of the conduct.
A concentration close to the lower threshold. A reading only slightly above 0.5 per mille at a first offence is the best possible starting position.
No danger caused to other road users. A calm drive on an empty road, without a collision and without dangerous manoeuvres, softens the assessment of the degree of social harm.
Professional and family circumstances. Drivers for whom the loss of a licence means the loss of employment or the inability to fulfil caring responsibilities have an additional argument for a more lenient disqualification. These arguments must be properly documented.
An unblemished record. No previous convictions and a history of compliance with road traffic rules are circumstances courts take into account.
Procedural Tools – Where Room for Action Exists
Voluntary submission to sentence (Article 387 of the Code of Criminal Procedure). An application for a conviction to be entered on agreed terms allows the sentence to be negotiated before the evidentiary stage closes. With proper preparation, this can produce a measurably better outcome than standard proceedings.
Conditional discontinuance of proceedings. Where the conditions of Article 66 of the Criminal Code are met – primarily no previous conviction for an intentional offence and a low degree of social harm – the court may conditionally discontinue the proceedings, imposing a disqualification shorter than three years or refraining from imposing one at all.
Limiting the scope of the disqualification. In certain cases it is possible for the court to impose a disqualification restricted to a specific category of vehicles or to vehicles not fitted with an alcohol interlock, which allows the driver to continue operating a work vehicle or a vehicle with an interlock installed.
Alcohol interlock after half the disqualification has elapsed. Even where a disqualification is already final, once at least half the period has elapsed – and no sooner than after one year – an application can be made for an early return to driving under Article 182a of the Executive Criminal Code, conditional on the installation of an alcohol interlock device.
Contact Us
The sentence for drink driving depends on many factors – and not everything is predetermined. The right defence strategy, proper documentation and active engagement can materially change 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.
