Drink drivers to have cars confiscated in Poland as new law enters force
A new law enacted in Poland now allows for the confiscation of vehicles belonging to individuals caught driving under the influence of alcohol. However, the constitutionality of the law, proposed and approved under the previous government, has been questioned by some experts. The current government, in power since December, intends to amend the legislation to ensure its alignment with the constitution.
Under the updated regulations, drivers with a blood alcohol concentration of at least 0.05% who have caused an accident, or any driver with a blood alcohol concentration of at least 0.15%, regardless of accident involvement, will face vehicle confiscation. Poland's legal limit for drink-driving is set at 0.02% blood alcohol concentration.
Just two hours after the law came into effect, at 2 a.m. on Thursday, police apprehended the first driver eligible for vehicle confiscation under the new rules. The driver, detected in the Silesia province, was observed driving erratically and was found to have a blood alcohol concentration of 0.2%, as reported by Rzeczpospolita daily. Similarly, at 6 a.m., another driver was found to have the same blood alcohol concentration after causing an accident resulting in four people being hospitalized.
However, the justice ministry has raised concerns regarding the mandatory confiscation of vehicles from all drivers with a blood alcohol concentration exceeding 0.15%, citing potential unconstitutionality and financial liability for the state treasury. The ministry has announced plans to amend the law, eliminating compulsory confiscation in all cases and allowing courts to decide on a case-by-case basis. The amended law will empower courts to order confiscation or impose alternative penalties, such as fines equivalent to the value of the vehicle.
Deputy justice minister Arkadiusz Myrcha outlined these proposed changes in an interview with Radio Zet, noting that individuals affected by the law between March 14 and the implementation of the amended law, whose cases have not been definitively resolved, will benefit from the more favorable provisions. Myrcha anticipates the amended law to be in effect before the summer.
Justice minister Adam Bodnar emphasized that the planned amendments do not invalidate the current law but aim to address uncertainties in specific cases. Bodnar clarified that the amendment seeks to grant courts discretion rather than an obligation to confiscate vehicles in certain situations.
Poland maintains one of the strictest drink-drive limits in the EU at 0.02% blood alcohol concentration, with most countries allowing up to 0.05%. Only four countries - the Czech Republic, Hungary, Romania, and Slovakia - enforce an absolute ban on alcohol for drivers.
Police data indicate a gradual decline in accidents involving alcohol-impaired road users and overall road accidents in Poland in recent years. In 2022, incidents involving alcohol-impaired road users accounted for 14.1% of total road fatalities, with 268 fatalities and 10.4% of the total number of injuries, with 2,567 injuries, according to police data.
High-profile accidents involving drink drivers in recent years have spurred calls for stricter laws in Polish society, including proposals to compel drink drivers to compensate victims' families.