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Are you aware of the penalties for driving under the influence of alcohol? The consequences for the driver depend on all the circumstances of the incident and the outcomes resulting from operating a vehicle after consuming high-proof beverages. Do you know the permissible alcohol level in exhaled air to legally drive in Poland in 2024? Find out the difference between driving while intoxicated and driving under the influence of alcohol. Check in which situations and for how long you might lose your driving license.
Driving a vehicle under the influence of alcohol remains one of the main causes of accidents on Polish roads. In such situations, drivers often exceed speed limits, make errors during overtaking, bypassing, or failing to yield the right of way, all due to decreased concentration after consuming high-proof beverages. A driver getting into a vehicle after consuming alcohol or while intoxicated must be prepared for the consequences of their actions.
They face fines for driving under the influence, penalties of restriction or deprivation of liberty. A driver operating a vehicle after consuming alcohol should be prepared for additional costs. If the vehicle is removed from the road at the owner's expense, they will pay a maximum (depending on the type of vehicle) from 128 PLN to 1714 PLN. Additionally, there are costs for each day the vehicle is stored in a parking lot – from 24 PLN to 225 PLN.
Are you wondering from how many per mille you cannot drive? Before providing specific values, let's distinguish what is the permissible alcohol level in exhaled air and what is the permissible blood alcohol content. The first value is indicated by a breathalyzer – in Poland, the permissible limit is below 0.1 mg in exhaled air. The second can be determined by a blood test to measure blood alcohol concentration – this value is expressed in per mille, with a maximum permissible value of below 0.2 per mille. Thus, 0.1 mg per cubic decimeter (mg/dm3) in exhaled air is equivalent to 0.2 per mille (‰).
The penalty for driving under the influence of alcohol depends on the blood alcohol concentration. Before discussing the consequences of getting behind the wheel after drinking alcohol, it's important to distinguish between the state after alcohol consumption and intoxication, as this has a significant impact on the penalty imposed. The first case refers to a blood alcohol concentration between 0.2 per mille and 0.5 per mille, which is considered a misdemeanor. Exceeding 0.5 per mille is treated as a crime. Let's address the fundamental question: what are the penalties for driving under the influence of alcohol?
The Code of Misdemeanors (Article 87 KW) states that for operating a motor vehicle under the influence of alcohol or substances with similar effects, the following penalties apply:
a fine not less than 2,500 PLN (calculated based on the offender's financial and personal situation) or arrest for up to 30 days,
a driving ban from 6 months to 3 years,
10 penalty points – until 16.09.2022, and from 17.09.2022 – 15 penalty points.
For operating a motor vehicle while intoxicated or after using substances with similar effects, the penalties include:
a fine, restriction of liberty (mandatory community service or wage deduction for a maximum period of 2 years), or imprisonment,
a driving ban from 3 years to 15 years (the offender may apply for a reduction of this period),
a financial penalty from 5,000 PLN to 60,000 PLN (to the Victims Assistance and Post-Penitentiary Assistance Fund),
10 penalty points – until 16.09.2022, and from 17.09.2022 – 15 penalty points.
The penalty for driving under the influence and while intoxicated also depends on additional circumstances, such as failing to adjust vehicle speed to conditions. The final court verdict is influenced by the duration of holding a driving license. What happens when the law allows for a choice between arrest and another type of penalty? Several factors influence the court's decision. The most important is whether the act was committed unintentionally or otherwise. Arrest is only possible in the latter situation. The severity of the act and additional circumstances also influence the penalty. The court considers the offender's past, verifying whether it is a first offense or crime, whether the driver has served a prison sentence, or has previously driven under the influence. A driving ban can be imposed on both a driver who was intoxicated and one who drove after consuming alcohol. The key to the verdict are the specific circumstances and the threat posed by the offender. However, the law does not clearly specify which circumstances can be considered special. Therefore, each case is analyzed individually. It is worth noting that during proceedings, the court considers not only the circumstances of the crime but also verifies the offender's character.
In addition to changes in the number of penalty points from 17.09.2022, there is also an extension of the period after which points will be erased. This will be 2 years from the moment the financial penalty is paid. If the fine is not paid, the points will not be removed from the driver's record. It is important to note that liability insurance (OC) is excluded from the insurer's responsibility. In practice, this means it does not protect drivers who operate a vehicle under the influence.
The penalty for a driver who operated a vehicle under the influence of alcohol or while intoxicated depends on the consequences of the incident. What happens if a driver causes an accident under the influence of alcohol and flees the scene? The consequences will be the same as if they had remained at the scene of the accident. Let's get to specifics: what are the penalties if you cause an accident? The consequences are specified in Article 177 of the Criminal Code, which states:
§ 1. Whoever, even unintentionally, violates safety rules in land, water, or air traffic, causing an accident in which another person sustains bodily harm as specified in Article 157 § 1, is subject to imprisonment for up to 3 years.
§ 2. If the accident results in the death of another person or serious injury to their health, the offender is subject to imprisonment from 6 months to 8 years.
However, that's not all. If the perpetrator of an accident with the above consequences is a driver who operated a vehicle while intoxicated, the court imposes a prison sentence, the duration of which is increased by half of the upper limit specified in the regulations. In practice, this means that the perpetrator of a fatal accident can be sentenced to 12 years of imprisonment (a maximum of 8 plus half of that value, i.e., 4). The fundamental difference in court proceedings and sentencing is whether the intoxicated driver caused the accident or was merely a participant. Therefore, all circumstances of the incident will be examined, and the penalty will be determined based on them.
Are you wondering what penalties you face if you drove without a license and under the influence of alcohol? The penalty will depend, as in other cases, on the alcohol concentration in exhaled air; the reason you did not have a license; the level of risk you created; the consequences of the act, and your personal situation. According to the law, a person without a license is someone who does not have a driving license; against whom a decision to suspend the driving license or a decision to revoke the driving privileges has been issued. It does not concern situations where you do not have the documents with you, as these are two different matters. For this act, only a reprimand or a fine from 20 PLN to 250 PLN is imposed.
It is important to know that driving under the influence without a license is a violation of two regulations, which will generally result in a more severe penalty. Furthermore, if you drove under the influence and the reason for not having a license was a court-imposed driving ban, you are in a difficult situation. You committed a crime by not complying with a court-imposed ban. In this case, you should expect a prison sentence from 3 months to 5 years. On the other hand, in the case of not possessing or having a revoked driving license, the offender faces a fine from 20 PLN to 5,000 PLN.
Recidivism refers to drivers who have been penalized for driving under the influence of alcohol or while intoxicated and have committed the act again. They face:
imprisonment from 3 months to 5 years,
a driving ban for a minimum of 3 years,
double the fine (if the offender commits another offense within two years of the first incident),
a financial contribution of at least 10,000 PLN to the Victims Assistance and Post-Penitentiary Assistance Fund.
What happens with further recidivism? Driving under the influence for the third time results in the driver permanently losing their driving license.
As soon as you face the threat of losing your driving license due to alcohol, it is advisable to seek legal assistance. A lawyer's involvement in the process can lead to a change in the outcome of the criminal proceedings if their knowledge and experience allow them to submit appropriate evidence motions. They will provide guidance and help prepare a favorable strategy. As a result, many doubts may be resolved. There is also an option that many drivers are unaware of. If the offender faces a driving ban, they can apply for an exemption for specific categories of driving licenses from the court ban. Another option is conditional discontinuation, which results in the offender not being punished, or a lower penalty being imposed. At the same time, the duration of the driving ban may be reduced, or the driver may be subjected to a probationary period, which can last from 1 to 3 years.
Who can apply for conditional discontinuation of criminal proceedings when facing penalties for driving while intoxicated? A driver who, while operating a vehicle, had no more than 0.25 mg/dm3 in exhaled air (equivalent to 0.5 per mille) and has not been previously convicted of an intentional crime. As with other situations, the circumstances of the incident and the offender's personal situation are taken into account. If conditional discontinuation of criminal proceedings results in a one-year driving ban, the driver does not need to retake the driving test. Are these all the options available to drivers detained for driving under the influence or while intoxicated? Another option is an alcohol interlock, a device installed in the vehicle that measures the driver's sobriety. If the alcohol concentration in exhaled air exceeds the permissible level, the vehicle will not start. In practice, this allows for a reduction in the driving ban period. However, this solution can only be applied for after half of the period specified as the driving ban has passed. What about individuals who received the highest penalty, i.e., a lifetime ban? They can apply after 10 years. How to completely regain a driving license? Within 7 days of receiving the decision to suspend the driving license, you have the right to appeal the prosecutor's decision. If you are determined to regain your driving privileges and want to do so effectively, there is no better method than collaborating with a lawyer. An attorney will analyze your situation and propose the most advantageous defense strategy. They will help you meticulously prepare for the court process and find arguments that will influence the mitigation of the penalty.
Now you know the penalties for driving under the influence of alcohol and what can influence the mitigation of the penalty. At the same time, if you want to increase your chances of the most favorable verdict, consider collaborating with a lawyer who will guide you through the process, and perhaps their arguments will make court proceedings unnecessary.
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