The Graś i Wspólnicy criminal law team advises clients on matters relating to the criminal and misdemeanour liability of drivers.
Drunk driving is one of the most serious traffic violations, punishable by both criminal and administrative penalties. Being stopped by the police while intoxicated can result in the loss of your driver's license, a fine, or even imprisonment. Therefore, it's important to know what rights a driver has and what actions they should take if stopped.
The state after using alcohol and the state of intoxication – a key distinction
Pursuant to Article 46, Section 2 of the Act on Upbringing in Sobriety and Counteracting Alcoholism, two states are distinguished:
– Condition after using alcohol: blood alcohol concentration is from 0.2‰ to 0.5‰ (or from 0.1 mg/l to 0.25 mg/l in exhaled air) – this is an offence (Article 87 §1 of the Code of Petty Offences).
– Intoxication: blood alcohol concentration exceeds 0.5‰ (or 0.25 mg/l in exhaled air) – this is a crime (Article 178a §1 of the Penal Code).
This distinction is of fundamental importance for the further course of the case.
Being stopped by the police – your rights and obligations
In the event of a roadside stop and suspicion of driving under the influence of alcohol, the officer has the right to conduct a breathalyzer test. Here are the key rules:
a) Breathalyzer test
A police officer may conduct a breathalyzer test without your consent. Refusing to undergo a test may result in you being taken to a police station or medical facility for a blood draw (Article 129i of the Road Traffic Act). It's worth requesting a printout of the breathalyzer test—it's crucial evidence in the case.
b) The right to silence and to a defense attorney
You have the right to refuse to testify—and this cannot be held to your detriment. You have the right to contact an attorney or legal counsel before the first hearing.
c) Suspension of driving license
A police officer may confiscate a driver's license immediately after testing if the alcohol level exceeds the legal limit. The decision to confiscate the driver's license is forwarded to the district governor, who formally issues an administrative decision suspending the license.
If you are arrested for drunk driving:
Remain calm and cooperate with officers – aggressive behavior or obstruction may result in additional charges.
Write down the details of the arrest – date, time, location, police officers’ behavior, course of examination – all this information may be important in the proceedings.
Request a blood test if you have any doubts – if your breathalyzer result is uncertain, you have the right to request a blood test, which is more accurate. However, it's important to remember that the result may also be unfavorable.
Contact a lawyer – the sooner you consult your case with an attorney or legal counsel, the greater your chances of an effective defense.
Possible legal consequences
Depending on the classification of the act (misdemeanor or felony), the following sanctions may apply:
a) Petty Offense (Article 87 of the Petty Offenses Code)
– Fine from PLN 2,500 to PLN 30,000,
– Driving ban from 6 months to 3 years,
– 15 penalty points.
b) Crime (Article 178a §1 of the Penal Code)
– Fine, restriction of liberty or imprisonment for up to 3 years,
– Mandatory driving ban from 3 to 15 years,
– Obligation to pay a fine of at least PLN 5,000,
– 15 penalty points.
Can a driving ban be avoided?
In certain cases, the court may, pursuant to Article 182a of the Executive Penal Code, authorize a convicted person to drive vehicles equipped with an alcohol interlock device. This is conditional upon the convicted person submitting an application and a positive assessment of their attitude and behavior during the enforcement of the ban, as well as the circumstances of the case, indicating that they do not pose a threat to road safety.
Being arrested for drunk driving is a serious matter, but it doesn't necessarily mean a conviction. It's important to know your rights and act prudently from the very beginning – from the moment you're stopped by the police all the way to court. A quick consultation with a professional attorney is crucial, as they can assess the situation and propose the best defense.
If you have been arrested on suspicion of drink driving, contact our criminal law team to learn about your options.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of February 18, 2026.
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