Driving after alcohol: what are the consequences for the driver?
Driver, if you have been arrested for driving under the influence of alcohol, your act may be considered either a crime or a misdemeanor. The legal qualification of the act depends on the concentration of alcohol in the blood (percents) or in the exhaled air.
Driving while intoxicated, i.e., responsibility for an offense under Article 87 of the Civil Code.
The offense of drunk driving under Article 87 § 1 of the CC is committed when the concentration of alcohol in the driver's body is at least 0.10 mg/l (0.2 per mille). The upper limit, on the other hand, of the offense of driving after alcohol is 0.25 mg/l of alcohol in exhaled air (0.5 per mille).
Punishment for the offence
The offense of driving while intoxicated is sanctioned by a jail sentence or a fine of not less than 2,500 zlotys. A driving ban in this case is imposed by the court for a period from 6 months to 3 years.
Can I keep my license after committing an alcohol-related driving offense?
For many drivers stopped by the police for driving under the influence of alcohol, the key issue is to keep their license, followed by the problem of having to pay a fine.
If you have committed the offense of driving under the influence of alcohol, then the court will impose a driving ban for a period of 6 months to 3 years.
It is important that the court may, in a particularly justified case, apply Article 39 § 1 of the Code of Criminal Procedure, according to which: , "in cases deserving special consideration, one may - taking into account the nature and circumstances of the act or the characteristics and personal conditions of the perpetrator - apply extraordinary leniency or refrain from imposing a penalty or punitive measure".
The content of the above provision provides a legal basis for the court to waive the driving ban. The court, in order to waive the driving ban, must come to the conclusion that the act committed by the driver was incidental, and that the defendant, as a driver, does not threaten traffic safety. Here, the court takes into account the characteristics and personal conditions of the driver and his past way of life.
Can the court, on its own motion, decide to waive the ban?
The court will not consider the question of waiving the driving ban on its own motion. The onus is on the defendant and his defense counsel to demonstrate to the court that there are special circumstances in the case and the driver deserves a waiver of the driving ban. A person charged with a misdemeanor of driving while intoxicated may file a motion for voluntary submission to punishment and the application of a fine against him with a waiver of the ban under Article 39 § 1 of the Code of Criminal Procedure. - Of course, such a solution comes into play in a situation where the driver admits the alleged act and does not dispute the fact that he committed the offense.
Offence of driving while intoxicated
The offense of driving while intoxicated under Article 178a § 1 of the CC, the driver commits when the alcohol concentration in his body exceeds 0.25 mg/l alcohol, that is, is at least 0.26 mg/l alcohol (more than 0.5 per mille). In such a case, he will be charged with driving a motor vehicle while intoxicated under Article 178a § 1 of the Penal Code. A charge under this article will be presented to a driver who is a person who has no previous criminal record for drunk driving. Otherwise, if he already has a final conviction for driving while intoxicated in his criminal record and the previous conviction has not been erased, then he will be presented with a charge of repeat driving while intoxicated from Article 178a § 4 of the CC.
What is the penalty for the offense of driving while intoxicated under Article 178a § 1 of the Penal Code?
For committing the offense of driving while intoxicated under Article 178a §1 of the CC, the driver faces a fine, restriction of liberty or imprisonment for up to 2 years, and a driving ban for a period of 3 years to 15 years. The court also orders a monetary benefit for the Fund for Victims' Aid and Post-Penitentiary Aid in the amount of PLN 5,000 to PLN 60,000.
Is it possible for a driver to keep his driver's license despite committing an offense under Article 178a § 1 of the Penal Code?
In the case of committing the crime of driving while intoxicated, the court may also not impose a driving ban. In order for the court to waive the driving ban, it must apply to the driver the institution of conditional discontinuance of criminal proceedings, because only in the case of such a decision can the driver keep his license.
Article 178 § 4 of the Criminal Code. - qualified type of crime
A qualified type of offense under Article 178a § 4 of the Penal Code occurs when he commits this offense and has already been validly convicted of the offense of driving a motor vehicle while intoxicated or under the influence of an intoxicant (Art. 178a § 1) or the crime of bringing about a catastrophe in communications (Article 173), bringing about the danger of a catastrophe (Article 174), causing an accident in communications (Article 177) or causing a serious military accident in communications (Article 355 § 2) - committed while intoxicated or under the influence of an intoxicant. The qualified type of offense of driving while intoxicated also occurs when the driver is subject to a driving ban imposed for a crime. In such cases, the offender is subject to imprisonment from 3 months to 5 years, and the driving ban is imposed by the court for life.
Conditional discontinuance of proceedings in the commission of the crime of driving while intoxicated and the possibility of retaining a driver's license
Taking into account the content of Article 66 § 1 and § 2 of the Criminal Code, in the event of driving while intoxicated or under the influence of an intoxicant, the defendant has the opportunity to apply for conditional discontinuance of criminal proceedings without a driving ban. Applies only to persons previously unpunished for an intentional crime. A person with a criminal record for an unintentional crime may apply for conditional discontinuance of criminal proceedings.
The court, while issuing a sentence conditionally discontinuing criminal proceedings, shall award the defendant a monetary benefit for the benefit of the Fund for Wronged Persons and Post-Penitentiary Assistance.
Seeking conditional discontinuance is the most favorable option for those accused of DUI. It consists in the fact that the court, instead of issuing a conviction, discontinues the criminal proceedings under established conditions.
In order to seek conditional discontinuance of proceedings, such prerequisites must be met (cumulatively):
- the offender is not convicted of an intentional crime
- guilt and social harmfulness of the act are not significant, and the circumstances of its commission do not raise doubts
- the attitude of the perpetrator, his personal qualities and conditions, as well as his past way of life justify the assumption that, despite the discontinuance of the proceedings, he will respect the legal order, in particular, will not commit a crime.
What are the benefits of conditional discontinuance?
In the eyes of the law, the defendant is a person with no criminal record. This means that he can obtain a certificate of no criminal record, which is often required by employers. With conditional discontinuance, the statutory period for which a driver's license is revoked can be shortened. In some cases, the court may even not order a driving ban at all.