Driving under the influence in Poland - suspention of licence

Criminal law is governed by the principle that punishment must correspond to the degree of social harm caused by the offense. For this reason, provisions that set out penalties for specific crimes almost always provide a sentencing range, giving the judge discretion to tailor the punishment to the circumstances of the individual case. The same applies when determining penalties for drivers who operate a vehicle after consuming alcohol.

How Long Can a Driver’s License Be Revoked Under the Law?

The length of the driving ban imposed by the court depends on the nature of the offense. Depending on the alcohol level, the act may be classified either as a misdemeanor or a criminal offense.

• Misdemeanor (Article 87 of the Petty Offenses Code) – This applies when the alcohol level in exhaled air is between 0.1 and 0.25 mg/l. In such cases, the court may impose a driving ban ranging from 6 months to 3 years.

• Criminal offense (Article 178a §1 of the Penal Code) – If the alcohol level exceeds 0.25 mg/l, the driver is committing a crime. The ban here ranges from 3 years to as much as 15 years.

• Repeat offenders (Article 178a §4 of the Penal Code) – For a subsequent conviction of drunk driving, the law provides for a lifetime driving ban.

What Factors Influence the Severity of the Penalty?

So what determines whether a driver receives a penalty at the lower or higher end of the range? Courts take into account many circumstances, including:

• The driver’s motivation – While driving after drinking is strictly prohibited in all cases, the context matters. For instance, a driver who got behind the wheel to help someone in an emergency may be judged differently than one who drove simply to buy more alcohol.

• Distance traveled – The longer the distance driven (or attempted), the greater the risk posed to others, and thus the harsher the penalty is likely to be.

• Reason for being stopped – A lighter penalty is more likely if the driver was caught during a routine sobriety check, as opposed to being stopped after committing a traffic violation, which suggests alcohol may have already affected driving ability.

• Blood alcohol level – This factor not only determines whether the act is a misdemeanor or a crime, but also affects the severity of the penalty. A driver with 2.0‰ (and rising) will face harsher consequences than one with 1.2‰ (and decreasing).

• Time and date of the offense – Traffic volume varies depending on the day of the week and time of day. Driving under the influence during peak traffic hours is treated more severely than during late-night or holiday periods with lighter traffic.

• Place of the stop – Being caught on a busy road usually results in a harsher penalty than being stopped on a less frequented road, because of the higher potential danger to others.

• Road conditions – Poor weather or dangerous road conditions increase the likelihood of an accident, which aggravates the offense.

• Type of vehicle – Generally, the larger the vehicle, the more serious the offense. A drunk truck driver poses a greater danger than someone driving a small passenger car.

• Presence of passengers – A driver traveling alone is judged more leniently than one who endangered passengers, especially if children were present.

Conditional Discontinuance of Proceedings

In certain cases, the court may decide to conditionally discontinue the proceedings. This option is available if the driver’s guilt and the social harm of the act are considered minor, and the offender shows a credible likelihood of law-abiding behavior in the future.

When applying this measure, the court is not bound by the statutory sentencing ranges – it may shorten the driving ban significantly or even waive it altogether.

Working with a legal professional is highly advisable to assess whether conditional discontinuance may apply in a given case, as it can substantially reduce the period of license suspension.

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