Table of Contents:
- Consequences for driving under the influence of alcohol or drugs from March 14, 2024
- When will the Court order forfeiture of a motor vehicle?
- What if the intoxicated driver is not the owner of the vehicle? What about leased vehicles?
- Will a professional driver convicted of driving under the influence be required to reimburse the vehicle’s value?
- When will the Court, despite mandatory forfeiture, not order it?
Consequences for driving under the influence of alcohol or drugs from March 14, 2024
On March 14, 2024, an amendment to the penal code came into force, introducing stricter penalties for driving under the influence of alcohol or drugs. The new regulation even provides for the forfeiture of a motor vehicle operated by the offender or the forfeiture of its equivalent value.
When will the Court order forfeiture of a motor vehicle?
The Court will order forfeiture of a motor vehicle if the driver was:
- operating the vehicle with an alcohol content in the offender’s body exceeding 1.5 per mille in blood or 0.75 mg/dm3 in exhaled air, or driving to such a concentration,
- intoxicated, with the above concentration, or under the influence of a drug, and: a) has previously been lawfully convicted for driving a motor vehicle while intoxicated or under the influence of drugs, or for offenses related to accidents and disasters, b) is under a driving ban period imposed due to a conviction for a crime,
- only in exceptional circumstances relating to the above offenses, the Court may refrain from ordering forfeiture,
- the Court will also order forfeiture if the perpetrator of a disaster, the person causing direct danger of a disaster, or the perpetrator of a traffic accident commits these acts under the influence of alcohol or drugs, flees the scene, or consumes alcohol or drugs after committing these acts but before being tested for sobriety or tested for the presence of drugs – if the alcohol content in the perpetrator’s body was higher than 1 per mille in blood or 0.5 mg/dm3 in exhaled air, or led to such a concentration, whereby fleeing the scene does not require intoxication or drug influence. If the content is lower than 1 per mille in blood or 0.5 mg/dm3 in exhaled air, but higher than 0.5 per mille or 0.25 mg/dm3, the forfeiture order is possible but not mandatory.
What if the intoxicated driver is not the owner of the vehicle? What about leased vehicles?
If at the time of the offense the vehicle was not exclusively owned by the perpetrator or if the perpetrator disposed of, donated, or concealed the vehicle subject to forfeiture after committing the offense, the forfeiture of the equivalent value of the vehicle is ordered.
The equivalent value of the vehicle is deemed to be the vehicle value specified in the insurance policy for the year in which the offense was committed, or in the absence of an insurance policy – the average market value of a vehicle corresponding to the brand, model, year of production, body type, type of drive and engine, engine capacity or power, and approximate mileage, of the vehicle operated by the perpetrator, determined based on available data, without the need for an expert opinion.
If determining the average market value of a vehicle corresponding to the vehicle referred to in § 1 in a manner specified in § 2 is not possible due to the specific characteristics of that vehicle, an expert opinion is sought.
This regulation is significant in the context of vehicles under leasing or long-term rental agreements. The offender is not the owner, thus they will be obliged to pay the equivalent value of the vehicle.
Will a professional driver convicted of driving under the influence be required to reimburse the vehicle’s value?
The answer is no. Forfeiture of a motor vehicle or its equivalent value is not ordered if the offender was driving a motor vehicle not owned by them while performing professional or official duties involving driving on behalf of an employer. In such cases, the court imposes a penalty of at least 5,000 PLN for the Benefit Fund for Victims and Post-Penitentiary Assistance.
When will the Court, despite mandatory forfeiture, not order it?
Forfeiture of a motor vehicle or its equivalent value is not ordered if the forfeiture of a motor vehicle is impossible or impractical due to its loss, destruction, or significant damage caused by the perpetrator.
