December 2023 will bring significant changes to the Criminal Code in Poland, which will strongly affect drivers. One of the hottest topics is the toughening of the penalty for driving "under the influence" of alcohol or other psychoactive substances. But does this mean that the state will be able to take away our favorite four-wheeler?

Let's start with the most important question - do they take the car away at the time of arrest? The answer is no. Don't worry, your car won't disappear in a flash when a police officer puts you on the side of the road. Taking your vehicle is not automatic. It has to happen after proving guilt, and under certain circumstances.

The matter is not as simple as it might seem. According to the new regulations, a driver can lose his car only after proving his guilt in committing a crime. This means that the mere arrest is not equivalent to the loss of the car.

So, when will the "loss" occur? That depends on several key factors. First, it must be proven that the driver was driving "under the influence" with a certain concentration of alcohol in the blood or exhaled air. The minimum concentration is 1.5 per mille in blood or 0.75 mg/dm3 in exhaled air.

This, however, is not an automatic decision. The court may exceptionally refrain from taking the car if there are special circumstances. On the other hand, let's not count on the court recognizing our well-being after last night's party as special circumstances.

What if the car does not belong to us or was not ours? Here there are no exceptions. It doesn't matter if it's yours or your neighbor's friend's cousin's. The penalty will affect everyone. In this case, instead of "taking away" the car, the court may impose a "fine", the amount of which will be equal to the value of the car.

The court cannot be fooled. The value of the car will be determined on the basis of the last third-party liability policy or, when we did not have one, on the basis of the average market value. As a side note, in the absence of a third-party liability policy, we also expose ourselves to a penalty from the Insurance Guarantee Fund. The court will assess the value itself, and only in exceptional cases will it ask for an expert opinion.

A co, jeśli prowadziłeś służbowy? Tutaj istnieje rozróżnienie. Jeśli prowadziłeś służbowy samochód po pracy, nie ma w tym przypadku omawianej „utraty”. Natomiast jeśli prowadziłeś go w trakcie wykonywania zawodowych obowiązków, czeka cię „kara pieniężna” na rzecz państwowego funduszu, wynosząca co najmniej 5.000 zł.

In summary, the new provisions in the Criminal Code introduce major changes for drivers. Objections to the loss of a car are justified, but the state does not take it right away. The relevant conditions must be met. Is this a step in the right direction? Time will tell if the changes will improve the situation on the roads. In the meantime, stick to the regulations and enjoy safe driving!