Attorney – driving under the influence

Criminal cases primarily involving the suspension of a driving license can entail serious legal consequences, particularly when driving under the influence of alcohol is involved. An attorney from Gdańsk at the Haber & Haber Law Firm plays a crucial role in such matters. It is imperative to seek assistance from the law firm in a timely manner. This step may affect the judgment or the possibility of appealing a decision regarding imprisonment and lead to a favorable outcome.

If driving under the influence of alcohol has occurred, attorneys will provide you with a well-prepared and considered defense strategy that may contribute to mitigating the penalty. Driving after consuming alcohol does not necessarily have to permanently disqualify the driver. An obligatory issue is the prohibition of operating motor vehicles. The court ultimately adjudicates in this regard. Therefore, conditional discontinuance of proceedings is possible until the verdict is rendered.

We offer comprehensive legal assistance in cases related to driving under the influence of alcohol – the attorney will handle it professionally

Driving under the influence of alcohol always carries the risk of severe consequences. To mitigate them, professional legal assistance is essential. An experienced attorney from our law firm will help:

• develop a strategy,
• file motions,
• ensure deadlines are met,
• prepare documents,
• represent the client before law enforcement agencies.

In cases of driving under the influence of alcohol, the court may impose a penal measure in the form of a driving ban for several years. However, an attorney can advocate for shortening the ban, waiving its imposition, or conditional discontinuance of proceedings – depending on the situation and the degree of alcohol concentration exceeding permissible limits.

Alcohol level in the driver's body and driving under the influence

Driving under the influence of alcohol can be very costly, and the legal consequences often prove to be very troublesome. Nevertheless, we understand that everyone makes mistakes, which is why we provide you with legal support and understanding in such situations, without judgment or assigning blame. 

It is worth noting that besides obvious situations where the offense of driving under the influence is indisputable, there are also questionable situations. Do I have the right to drive when the blood alcohol concentration exceeds 0.2‰? This is one of the most common questions our attorney hears at the first meeting. Driving with such an alcohol concentration is prohibited. In such a situation, one cannot operate a passenger vehicle or any other.

According to regulations, exceeding 0.2‰ blood alcohol concentration constitutes driving under the influence – and above 0.5‰ is considered intoxication, treated as a criminal offense. In both cases, the driver faces a driving ban and other penalties – including license suspension, restrictions on freedom, and even imprisonment.

How much does a good attorney cost? Driving under the influence – price and other costs

The cost of an attorney's assistance in a case of driving under the influence depends on the complexity of the case, the stage of proceedings, and the scope of necessary actions. Prices typically start at around 2000 PLN for document preparation or court representation, but in complex proceedings, costs may increase.

However, it is worth noting that cooperation with our law firm includes not only legal support but also real actions towards recovering a driving license for alcohol and minimizing consequences – such as filing motions for shortening the ban or conditional discontinuance of criminal proceedings. We undertake effective actions in line with the client's best interests and traffic safety regulations.

Entrust your case to Haber & Haber Law Firm – professional and experienced attorneys for driving under the influence in Gdańsk

At Haber & Haber Law Firm, we combine professional experience with an individual approach to each case. We fully understand that driving under the influence of alcohol can result from a moment of weakness, unawareness of blood alcohol levels, or measurement error, which is why we offer full substantive and procedural support at every stage. After the case concludes, our automotive lawyer is also available to assist with matters related to car sales, such as after an accident. 

If necessary, we seek technical expertise and specialist opinions. If an accident occurs while intoxicated, swift action and securing evidence are crucial. As a professional law firm, we ensure legal order and protect the client's interests in dealings with law enforcement and the court. Trust our extensive experience and exceptional effectiveness. Contact us by phone, email, or through the form on our website!

Frequently Asked Questions about Attorneys – Driving under the Influence – FAQ

Do you have questions regarding cases of driving under the influence? Below, we have compiled the most common concerns of our clients. Here you will find answers based on our attorneys' professional experience, court practice, and applicable criminal law regulations.

Does driving under the influence always result in the loss of a driving license?

Yes, even if the alcohol content does not exceed 0.5‰, qualifying as a misdemeanor, the court may impose a penal measure in the form of a driving ban. In many cases, the result is the temporary loss of a driving license – for a minimum of 6 months.

What are the consequences of driving under the influence for the perpetrator of the offense?

Driving under the influence of alcohol carries serious legal consequences: a driving ban, fines, restrictions on freedom, or even imprisonment. If a traffic accident occurs or the driver has been previously convicted, the court may impose more severe measures. Polish law distinguishes between being under the influence of an intoxicant (substance detected in the blood within the range of 0.2 – 0.5 per mille) and intoxication, when this value exceeds 0.5 per mille.

Can an attorney help recover a driving license?

Yes, an attorney, by analyzing the details of the case and the circumstances of the suspension, can take actions aimed at recovering the driving license, e.g., through a motion to shorten the driving ban or apply for an alcohol interlock device. Each case is considered individually, taking into account the course of the proceedings.

At what stage of a case involving driving under the influence is it best to consult an attorney?

The earliest possible stage is best. Assistance from an attorney specializing in driving under the influence can be crucial from the first contact with law enforcement. The earlier they take action, the greater the chances of mitigating consequences. In our law firm, we support clients at every stage of proceedings – from detention to court proceedings.

Does the district court handle cases involving driving under the influence?

Typically, cases of driving under the influence are handled by the regional court. However, the district court may hear appeals if the parties appeal the first-instance judgment. In cases of serious traffic accidents or recidivism, the district court may also handle the case in higher-level criminal proceedings.

Is it possible to conditionally suspend a driving ban?

No, a driving ban cannot be suspended, but it can be shortened. After serving half of the ban period, a previously unconvicted person may apply for a change in the form of the penal measure, e.g., by agreeing to install an alcohol interlock device. However, this depends on the court's assessment and the course of the case.

What factors can influence the severity of the penalty for driving under the influence?

The severity of the penalty depends, among other things, on the alcohol content in the body, the circumstances of the detention, the perpetrator's attitude, any collision or endangerment of land traffic safety. The court also considers whether the accused has been previously convicted. An attorney can present mitigating circumstances and arguments for a lower penalty.

Does every case of driving under the influence end in a court trial?

Not always. In some cases, it is possible to conclude the case through voluntary submission to punishment or by filing a motion for conditional discontinuance of proceedings. However, such a motion should be professionally prepared by an attorney familiar with court practices in criminal cases.

Can you lose your driving license after consuming alcohol, even if there was no collision?

Yes. Simply driving after consuming alcohol – even without involvement in an accident – can result in a driving ban being imposed. It is not necessary to endanger road safety for the court to order the loss of a driving license based on a misdemeanor or criminal offense.

What is an alcohol interlock device and when can it be applied?

An alcohol interlock device is a device installed in a vehicle that prevents it from starting if alcohol is detected in the breath. After half of the ban period has passed, the offender may apply for a change in the form of the penalty and drive only with such a device. This requires a court decision and appropriate justification from an attorney.