Practice area · Criminal law
Driving under the influence.
Not every case ends the same way.
We handle cases of driving while intoxicated, driving after consuming alcohol, and driving under the influence of drugs - together with everything that comes with them: the driving ban, the seized licence and the payment to the Victim Support Fund.
§01Types of case
What we handle
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Driving while intoxicated
A criminal case under art. 178a of the Criminal Code - carrying a penalty and a mandatory driving ban.
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Driving after consuming alcohol
A petty offence under art. 87 of the Code of Petty Offences, at a lower reading - with its own separate consequences.
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Under the influence of drugs
Cases built on a blood test and a toxicology report, in which the testing methodology is often decisive.
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A seized driving licence
Appeals against the seizure of the licence and applications during the proceedings.
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Driving bans
The length and scope of the ban, and applications to shorten it at the enforcement stage.
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Alcohol interlock
An application to change how the ban is served, allowing you to drive a vehicle fitted with an interlock.
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Reoffending
Cases involving people previously convicted of the same offence, where the penalties are markedly more severe.
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An accident while under the influence
Situations in which a charge of causing an accident is added to the intoxication.
Law as at: September 2026. This content is general information and does not constitute legal advice - assessing a particular case always requires reviewing the documents.
§02Thresholds and consequences
What the reading means
The line between a petty offence and a crime runs at 0.5 per mille. The difference in consequences, however, is far greater than the difference in the reading.
| Reading | Classification | Main consequences |
|---|---|---|
| up to 0.2‰ | no liability for drink-driving | — |
| 0,2-0,5‰ | petty offence - driving after consuming alcohol | detention or a fine, a driving ban, penalty points |
| above 0.5‰ | crime - a state of intoxication | up to 3 years' imprisonment, a mandatory driving ban, a financial payment |
| above 0.5‰ with a previous conviction | a crime committed as a repeat offender | a heavier penalty, a longer ban, possible forfeiture of the vehicle |
| drugs | a crime or a petty offence - depending on the state established | as above; based on a toxicology report |
The sentence and the length of the ban depend on the circumstances: the reading, the manner of driving, any previous convictions and whether there was a road traffic incident.
§03The reading
A test result can sometimes be challenged
A breathalyser is a measuring instrument that must be calibrated and used under defined conditions. A missing valid certificate, an incorrect interval between readings, or a test carried out immediately after drinking can all affect how reliable the result is.
The absorption phase matters too: the reading at the time of the test does not always match the level at the time of driving. In disputed cases a toxicology expert's report helps.
The result cannot be challenged in every case - and we say so plainly. The work then shifts to the sentence and the length of the ban, because there is something worth fighting for there too.
§04Lines of defence
What we work on
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Verifying the reading
The device, its calibration, and the conditions and conduct of the test.
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The expert report
In disputed cases - retrograde extrapolation of the alcohol level.
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Conditional discontinuation
Where the circumstances are favourable, a genuine alternative to a conviction.
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The length of the ban
The length and scope of a ban can be argued over; they are not automatic.
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Alcohol interlock
An application to serve the remainder of the ban in a lighter form.
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Consequences for your work
Where a driving licence is a tool of your trade, we argue that point in the case.
§05After being stopped
First steps after a roadside check
Worth doing
- Note the time you were stopped and the times of each reading.
- Ask for a blood test if you have doubts about the result.
- Read the official record and raise any objections before signing.
- Keep the receipt for the seized driving licence.
Better left until later
- Making statements about how much you drank without taking advice.
- Voluntarily submitting to a penalty before the file has been analysed.
- Delay - in these cases the deadlines run fast.
- Driving despite your licence having been seized.
§06How we work together
How we run a case like this
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The conversation and the documents
We establish how the roadside check unfolded and gather the paperwork.
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Analysis of the reading
We check the records, the device and the circumstances of the test.
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Choosing an approach
Challenging the result, seeking conditional discontinuation, or working on the sentence.
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Applications
We file applications for evidence and submissions concerning your licence.
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The case in court
We represent you at the hearing and, after judgment, assess an appeal.
§07Questions and answers
Questions about driving under the influence
Cannot find your question here? Call us on +48 883 406 792 or write to us using the contact form.
It can be - where the circumstances are favourable, the court may conditionally discontinue the proceedings. What matters is the reading, the manner of driving, a clean record, the defendant's attitude and whether anyone was put at risk. It is not automatic, though, and it is not available in every case.
For an offence under art. 178a the ban is mandatory - the argument is usually about its length and scope. Where the proceedings are conditionally discontinued, the court has more discretion.
Once part of the ban has been served, you can apply to serve the rest as a ban on driving vehicles not fitted with an interlock. The court considers the convicted person's conduct and how the ban has been observed.
Sometimes, yes. We check the device's calibration certificate, the number of readings and the intervals between them, and the time since the stop. The alcohol absorption phase also matters - in disputed cases an expert report helps.
That depends on the grounds for the seizure and how the case develops. The seizure itself can be appealed, and the deadlines are short - which is why it is worth acting straight away.
The law allows for it in defined situations, particularly where the reading is high or the person is reoffending. Assessing the risk requires looking at the particular case.
The first step
Let us talk about your situation
You do not need your documents in order, and you do not need to know the law. Just tell us what is happening - we will plan the way forward together.
§08Contact
Book a legal consultation
