Drink Driving in Poland: What Foreign Drivers Should Know

Poland has some of the strictest drink-driving rules in Europe, and the consequences became considerably harsher in 2023 and 2024. This guide explains the limits, the penalties and the issues that matter most to foreign drivers. For an overview of criminal defense in English, see English-speaking criminal defense lawyer in Poland.

Key legislation: Polish Criminal Code (Kodeks karny, "k.k."), Arts. 42, 43a, 44b, 66, 115 § 16 and 178a; Code of Petty Offences (Kodeks wykroczeń, "k.w."), Art. 87; Code of Criminal Procedure (k.p.k.), Arts. 72, 277, 335 and 387.

The limits: petty offence or crime

• 0.2 to 0.5 per mille in the blood (0.1 to 0.25 mg/dm³ in breath) is a state after drinking alcohol, a petty offence under Art. 87 § 1 k.w.
• Above 0.5 per mille (above 0.25 mg/dm³ in breath) is intoxication as defined in Art. 115 § 16 k.k., and driving a motor vehicle in that state is a crime under Art. 178a § 1 k.k.

In practice this means that even one or two drinks can take a driver over the Polish limit. Driving under the influence of drugs is also a crime under Art. 178a § 1 k.k.

Penalties for the crime (Art. 178a § 1 k.k.)

• Imprisonment of up to 3 years (the maximum was raised from 2 to 3 years from 1 October 2023).
• A mandatory driving ban of at least 3 years (Art. 42 § 2 k.k.). A Polish court's ban applies to driving in Poland regardless of which country issued your licence.
• A mandatory payment of at least PLN 5,000 to the Victims' Assistance Fund (Art. 43a § 2 k.k.).
• Vehicle forfeiture: since 14 March 2024, the court as a rule orders forfeiture of the vehicle if the blood alcohol level was at least 1.5 per mille (Art. 44b k.k.). If the car isn't solely owned by the driver (for example a leased, company or rental car), the court orders a payment instead, which can range from PLN 5,000 to PLN 500,000.

Repeat offenders face Art. 178a § 4 k.k.: imprisonment from 3 months to 5 years, a payment of at least PLN 10,000 and, as a rule, a lifetime driving ban.

Issues specific to foreign drivers

• Language: you are entitled to a free interpreter and to translations of key documents (Art. 72 k.p.k.). Don't sign anything you don't understand.
• Leaving Poland: the prosecutor can apply a ban on leaving the country, sometimes combined with holding your passport (Art. 277 k.p.k.). This matters if you are a visitor or plan to travel.
• Agreed penalties: a request to be sentenced without a trial (Art. 335 k.p.k.) or voluntary submission to a penalty (Art. 387 k.p.k.) can end the case quickly, but it is a conviction. For foreigners this can affect residence permits, visas or employment.
• Conditional discontinuance of proceedings (Art. 66 k.k.) is not a conviction. Whether it is available depends on the circumstances of the case.

If you were detained, read Arrested in Poland as a foreigner for your rights in custody.

What can be examined in the case

• Whether the breathalyser was calibrated and the tests were carried out at proper intervals.
• Whether the level really exceeded the 0.5 per mille threshold for a crime.
• Whether the conditions for conditional discontinuance are met.
• The consequences of any agreed penalty for your immigration status.

Frequently asked questions

I was at 0.3 per mille. Is that a crime? No. Between 0.2 and 0.5 per mille it is a petty offence under Art. 87 § 1 k.w., with milder consequences than the crime under Art. 178a k.k.

Will my car be taken? Not always. Forfeiture under Art. 44b k.k. applies mainly at 1.5 per mille or more and in repeat cases. If the car isn't yours alone, the court orders a payment instead.

Does a Polish driving ban affect me at home? A Polish ban prohibits driving in Poland. Whether it has effects in your home country depends on that country's rules, so this is worth checking.

Need help in English? Contact the office or call +48 509 831 745. Polish-language readers: Jazda pod wpływem alkoholu w Opolu.