Driving under the influence (DUI) in Poland is associated with the act of operating a motor vehicle on a public road while intoxicated either by alcohol or drugs. Due to a high number of traffic violations and risks imposed on public safety, such offense is taken very seriously. Poland has recently adopted new criminal policies regarding DUI, creating a legal framework for severe penalties such as suspension of your driving license, fines, vehicle confiscation, or even imprisonment.
Penalties are given by the threshold of blood alcohol concentration (BAC), which is set on different levels. Yet, even a small amount of 0.2 grams per deciliter can result in legal consequences. If the driver is intoxicated with the BAC threshold under 0.2 g/dl, the offense is considered a misdemeanor. Keep in mind that a BAC of 0.2 g/dl is about one shot of vodka or one glass of wine. Apart from that, if the driver is intoxicated with drugs, an expert witness will asses the proportional effect the drugs may have and compare it to the estimate of BAC. Another crucial aspect is that professional drivers (e.g. taxi drivers, bus drivers, international logistics services drivers) have even more strict legal limits – a BAC of 0.0 g/dl.
Classification of DUI Offenses by BAC Level or Drug Impairment Estimate
- Light DUI – BAC level from 0.2 up to 0.5 g/dl
If the driver is intoxicated in the range given above, the offense is considered a misdemeanor. Typical penalties include a fine of up to 5.000 PLN and temporary suspension of their driving license for at least 6 months or up to 3 years. The court may also sentence you to jail for up to 30 days. Also, keep in mind that if the driving privileges are suspended for more than 12 months, the driver is obligated to pass the driving exam again to regain the license.
- Severe DUI – BAC level above 0.5 g/dl
In this case, the penalties are more severe, because this is considered a felony. They include higher fines, a suspension of the driving license from 1 year up to 10 years, possible imprisonment of up to 2 years, possible vehicle confiscation as a tool used to commit the crime, and security of the vehicle for material consequences such as fines or court fees.
Remember that if the BAC levels are rising in the next continuous examinations, you may be held accountable for the DUI felony, hence the BAC level may be increasing in the direction of exceeding the 0.5 g/dl level.
Apart from the consequences given above, other possibilities may be important in your case, e.g. if you are to cause a traffic collision while intoxicated with killed or injured, your driving license will be suspended for life. The court may also order you to take additional educational courses. As a result of a conviction for a DUI felony, you might also have trouble finding more affordable insurance or may have difficulty obtaining one at all. Next to that, a conviction for a felony will be in your criminal record from the day all penalties are finalized – meaning that if, e.g. your license has been suspended for 2 years and no imprisonment was given, expungement will take place one year after the last day of the driving license suspension. A criminal record in Poland might be a hindrance in obtaining a legal stay, work permit, or other important documents.
Keep in mind that apart from BAC and possible risks to road safety, other aggravating factors are considered, such as repeating the DUI offense, presence of minors in the car, reckless endangerment on the road, etc.
In matters related to DUI cases, Kopeć & Zaborowski Law Firm offers you:
- Assistance to Polish and foreign citizens accused of DUI and legal counseling
- Explanation of consequences and procedures related to DUI cases
- Analysis of factual situation, evidence, legal framework, and documents in the case against you
- Contact with the authorities handling the case (e.g. Police, Office of the Prosecutor, Court)
- Active participation and defense during all stages of the proceedings (investigation, court hearings, trial, appeal trial, and cassation proceeding before the Supreme Court)
- Preparation of all necessary documents during the case (e.g. motions, petitions, etc.)
- Support and legal counseling in penal enforcement proceedings
Our offer is addressed to:
- Citizens of foreign countries against whom the proceedings are pending in Poland regarding DUI;
- Victims of DUI offenders in traffic collisions
- Families of victims of DUI offenders
- Families of persons accused of DUI
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Driving Under the Influence (DUI) in Poland is a criminal offense that involves operating a motor vehicle on a public road while impaired by alcohol, drugs, or other substances. This offense is considered a significant threat to public safety, as it impairs the driver’s ability to operate the vehicle safely, leading to a higher risk of accidents, injuries, and fatalities. DUI laws are enforced worldwide and are integral to promoting safe driving practices and reducing road traffic accidents.
A fundamental aspect of DUI law is the concept of strict liability, where individuals can be penalized for driving under the influence regardless of intent. The principle of deterrence plays a significant role in shaping DUI laws, as the severe penalties aim to reduce impaired driving incidents and promote responsible behavior on the road. DUI offenses are generally considered nonviolent crimes; however, the consequences of such offenses can have far-reaching impacts, including fatalities, long-term injuries, and property damage.
Due to a rising number of drunk drivers in Poland and traffic collisions, Poland has been adopting a much stricter approach to DUI, raising penalties and changing the policies, of which more randomized traffic stops and screenings have been implemented.
If law enforcement suspects the driver to be intoxicated during a traffic stop or while patrolling, they initiate the following steps to determine, whether such driver poses a risk:
- Traffic stop, while the police may stop the driver and will check all necessary documentation
- Breathalyzer test, during which the individual is asked to submit to a breathalyzer. Whilst the driver can refuse to be tested by a breathalyzer, such refusal raises a reasonable suspicion. Based on that, the driver is detained and a blood test is ordered.
If the field test or blood test uncovers the presence of alcohol and/or drugs, the license is typically immediately suspended and the case is forwarded to the District Prosecutors Office, where it is decided if the charges will be brought against the driver. The prosecutor typically collects more evidence, deposing the suspect, and possible witnesses, and orders a toxicology report. Keep in mind that evidentiary actions undertaken by the Prosecutor in your case may vary due to different factual statuses.
After such investigation, the case moves to trial in the District Court. Most of the time provisional measures apart from license suspension done at the scene are not ordered.
Although the legal framework regarding DUI is strict, certain grounds allow fighting the charges and that may lead to dismissal or reduction of penalty, including:
- Lack of proper testing of the equipment, which may lead to unverified breathalyzer results. If the evidence in the case suggests, that breathalyzer results are improbable to be deemed as verified, the Court may decide such piece of evidence as unreliable or even inadmissible;
- Violation of the Procedure and laws regarding evidence and discovery, which may result in serious legal breaches, eventually stripping defendants’ right to a fair trial which may be grounds for an appeal;
- Inaccurate BAC testing that was overlooked by the Prosecution, often based on certain medical conditions, smoking, or errors in testing equipment, gives inaccurate BAC readings and unreliable toxicology reports. Such can provide a valid defense strategy as well.
Legal assistance and representation
DUI cases can prove to have immense legal consequences for the defendant. Our law firm offers comprehensive legal services for individuals facing DUI charges, including legal counseling, representation, and more:
- DUI defense strategy, based on developing a tailored approach that takes into account specifics of the case and legal situation, sometimes recovery of the secured asset at the scene – suspect car;
- Active representation during interrogations, court hearings, trial, and contact with the prosecutor’s Office, Law enforcement, and the Court;
- Preparation of appeal strategy and representation during appeal trial, and sometimes cassation before the Supreme Court
- Support during penal enforcement of the judgment after the trial .
It is crucial to note that while a driver’s license may be suspended by the Polish authorities, due to EU laws, suspension of a driver’s license affects suspension in other EU countries.
Our offer is addressed to:
- Individuals, especially foreigners, facing DUI charges in Poland: offering legal support to persons suspected or accused of driving under the influence;
- Families of DUI offenders: assisting families in organizing defense and provide legal guidance for their loved ones during legal proceedings at all stages;
- Victims of DUI offenders, whom we assist in facing the offender in court and counsel during the investigation and trial to receive proper damages for their suffering.
Conclusion
DUI offenses pose a danger to public safety. Although strict legal regulations create room for being charged with DUI sometimes due to oversight, e.g. wrong estimate of the time that passes since the person has been drinking. Hence the penalties are serious and have a broad and immense influence on the accused. Understanding the procedure of handling DUI cases and navigating both the investigation and trial from its early stages may help build a strong defense and eventually reach a satisfactory outcome in your case.
Make sure your rights are properly protected throughout the process
Facing DUI charges, it is vital to be assisted by skilled legal professionals, who will undoubtedly advocate for your rights and support through the complexities of the legal framework behind the case.
Our law firm is dedicated to offering expert legal services for those involved in DUI proceedings, from defending your case in court to helping you understand your rights and options.
Our team is committed to securing the best possible outcome for our clients. Don’t face DUI charges alone—contact us today for experienced and dedicated legal assistance.
