Driving Under the Influence Charges in Poland: What Charges Foreigners Can Face and How a Case Starts

Driving under the influence in Poland is a legally defined situation where a driver operates a vehicle after consuming alcohol or drugs, reaching thresholds that trigger either an offence (misdemeanor) or a crime, depending on the measured concentration and the circumstances. For foreigners, the legal classification is the same as for Polish citizens, but the practical consequences can be more disruptive due to travel plans, cross-border licence issues, language barriers, and the higher risk of pre-trial measures affecting mobility.

Key legal thresholds: offence vs crime (alcohol)

Polish law distinguishes between two alcohol-related states:

• “After use of alcohol” – blood alcohol concentration (BAC) from 0.2‰ to 0.5‰, or breath alcohol from 0.1 mg to 0.25 mg per 1 dm³ (i.e., per 1 litre of exhaled air). This usually results in a misdemeanor case. Legal basis: Act of 20 May 1971 – Code of Petty Offences, Article 87 [3].
• “State of intoxication” – BAC over 0.5‰, or breath alcohol over 0.25 mg per 1 dm³ (per 1 litre of exhaled air). This is typically a criminal offence. Legal basis: Act of 6 June 1997 – Criminal Code, Article 178a [1].

The same stop may also produce additional allegations (for example, causing an accident, fleeing the scene, or driving while banned). Those factors often determine whether the matter remains “standard DUI” or becomes a higher-risk criminal file.

Drug driving: how Polish law approaches “under the influence” of narcotics

For drugs, Polish regulations do not use fixed concentration thresholds in the same way as alcohol. Instead, the assessment is evidence-based and often combines:

• behavioural signs observed by police,
• screening tests,
• blood laboratory results,
• expert opinions on impairment.

Depending on the factual findings, drug driving may be treated analogously to “after use” or “intoxication” concepts, with criminal qualification often pursued where impairment is established. Legal basis for criminal liability in traffic safety matters includes Criminal Code provisions, in particular Article 178a [1], while procedural steps are governed by the Code of Criminal Procedure [2].

What charges foreigners can face in Poland for DUI

Typical legal qualifications include:

• Misdemeanor DUI (alcohol 0.2‰-0.5‰) – Code of Petty Offences, Article 87 [3].
• Criminal DUI (alcohol above 0.5‰ or drug impairment) – Criminal Code, Article 178a [1].
• Driving despite a court-imposed ban – Criminal Code, Article 244 [1]. This significantly increases exposure.
• Traffic accident with injury or death – typically Criminal Code, Article 177 [1], potentially combined with intoxication-related aggravation depending on circumstances.

For business travellers, the key issue is not only the final judgment but also interim measures: vehicle seizure/deposit, retention of the driving licence, travel disruption, and mandatory appearances.

How a DUI case starts in Poland: from roadside stop to formal proceedings

1) Roadside control and testing

Most cases begin with a roadside stop. Police can test breath alcohol and may conduct preliminary drug screening if there is suspicion. Where results indicate prohibited levels or impairment, the driver may be brought for further testing, typically including blood sampling. Refusing or obstructing testing is a separate risk and may affect the evidentiary assessment, depending on the facts and evidence.

2) Immediate measures: licence retention and vehicle handling

If police treat the matter as criminal, retention of the driving licence is common. In misdemeanor cases, the approach can differ but still often leads to temporary loss of the document. Practical consequences are immediate: inability to drive, potential loss of rental car, and missed travel obligations.

3) Formal qualification and opening of proceedings

The file is qualified either as a misdemeanor proceeding or a criminal proceeding. In criminal cases, the prosecutor typically supervises the investigation. The suspect may be questioned and informed of charges. Foreigners should treat early statements as high-risk – inaccuracies or “informal explanations” can later become evidence.

4) Evidence package typical in DUI files

• breathalyser protocol and device calibration context,
• blood test results and chain of custody,
• police notes describing driving manner and behaviour,
• CCTV or dashcam, witness statements,
• documentation of previous bans or convictions (if any).

Penalties and business-relevant consequences

Depending on classification and history, outcomes may include fines, restriction of liberty, imprisonment (for criminal cases), and – most importantly in practice – driving bans and other measures affecting mobility. Repeat offences or driving during a ban materially worsen exposure.

Foreigners should also consider cross-border effects. A Polish driving ban may be recorded and may affect driving privileges in other jurisdictions depending on applicable EU or domestic mechanisms, the person’s licensing country, and administrative cooperation.

Three practical “exceptions” that often change case risk

The legal qualification and case strategy frequently shift when any of the following occur:

1. Accident or collision with injuries – even when alcohol levels are “borderline,” injury triggers broader criminal analysis and usually heavier procedural pressure (expert opinions, medical records, reconstruction).
2. Repeat DUI or prior driving ban – prior convictions or an existing ban can escalate the case and increase the likelihood of stricter penalties and pre-trial measures.
3. Professional driver or company vehicle context – employment and corporate consequences (disciplinary action, loss of licences/authorisations, insurance disputes) become central, and employers may need immediate risk management and documentation.

What foreigners should do immediately after a DUI stop

• Secure documentation – copies of protocols, test results, and any decisions on licence retention.
• Do not “explain informally” – statements should be consistent with evidence and made with awareness of legal consequences.
• Clarify deadlines and mandatory appearances – missed procedural steps can lead to adverse outcomes.
• Assess travel risk – especially if leaving Poland soon, as proceedings can require presence or a reliable procedural strategy.

Where to find more information and when legal support matters

More detail on the law firm’s approach to driving under the influence matters is available on the dedicated page. In many files, early procedural decisions (classification, evidence motions, approach to expert opinions) determine whether the case stays manageable or becomes a long-term operational and reputational problem for the individual and, in some situations, the employer.

This is informational material, not legal advice.

If a stop has already happened or a case is pending, Kopeć & Zaborowski (KKZ) can assess exposure, evidence, and next steps – Contact us.

Bibliography

[1] Act of 6 June 1997 – Criminal Code (Kodeks karny).

[2] Act of 6 June 1997 – Code of Criminal Procedure (Kodeks postępowania karnego).

[3] Act of 20 May 1971 – Code of Petty Offences (Kodeks wykroczeń).