Stopping a driving licence for drug driving

Stopping a driving licence for drug-driving is becoming increasingly common in judicial and police practice. Contrary to appearances, there is no request for a advanced concentration of psychoactive substance in the blood – it is adequate for a police officer to decide to hold the paper and suspend driving rights. For the driver, this means a serious risk: not only the failure of a driving licence, but besides criminal liability – from fines, from driving bans to prison.

In this article, we explain on what grounds a driving licence is retained erstwhile it comes to misconduct and erstwhile it comes to crime and what function a lawyer plays in specified matters.

When can the police halt their driver's license?

The legal basis for stopping a driving licence is Article 135(1)(a) of the Road Traffic Law Act. An officer may keep the paper on site if the driver is after usage or under the influence of narcotics specified as marijuana, amphetamine, cocaine or another psychoactive substances.

After detention, the paper is physically sent to the authority conducting the proceedings – the court or the prosecution. However, in practice the form is increasingly utilized Electronic stopping of driving licences, confirmed by a receipt.

Look out! The receipt of stopping a driving licence does not give the driver the right to proceed driving – contrary to popular myths. The fact that it was issued means suspension of powers.

Suspension of rights – what does that mean?

Currently the police are not physically picking up the document, but they are doing Electronic stopping of driving licences, issuing a receipt to the driver. From now on, allowances are suspended, which means you can't drive vehicles even if the court hasn't yet issued a judgment.

IMPORTANT: Retention receipt NO entitles to drive – breaking this ban has severe consequences.

What's the punishment for driving after stopping a driver's license?

Driving a vehicle after stopping a driving licence, but even before the court has given a final judgment, constitutes an offence with Article 94 §1 Code of misconductfor which they threaten:

• Fine from 1.500 zł au 30,000 zł,
• Prohibition of driving from 6 months to 3 years.

If the court has already ruled not to drive and the driver inactive sits behind the wheel, he commits offence under Article 244 of the Criminal Codein danger of:

• Penalty of imprisonment from 3 months to 5 years,
• Prohibition of driving from 1 year to 15 years,
• Obligation to pay a cash benefit of PLN 5.000 to PLN 60.000 to the Fund for Harmful Aid.

Driving on drugs – an offence or a crime?

In the Polish legal strategy there are no clear thresholds for the concentration of drugs, which would separate the offence from the crime – unlike alcohol, for example. The key is Opinion of an expert toxicologistwhich assesses whether the concentration of the substance has affected the ability to drive.

• Offence – after-use driving (Article 87 §1 of the Code of Offence): refers to low concentrations which does not affect significantly for psychomotor skills.
• Crime – under the influence (Article 178a §1 of the Criminal Code): occurs at higher concentration, which lowers the performance of the driver.

The limits of drugs in the driver's blood – erstwhile is the offence and erstwhile is the crime?

In Polish law, there are no clear statutory standards determining the level of drugs in the blood, which find the qualification of an act as an offence or a crime. This decision depends on the expert opinion of the toxicologist and the assessment of the impact of the substance on the psychomotor capacity of the driver.

However, in court practice, indicative concentrations of certain psychoactive substances have been adopted which may service as a mention for the qualification of the act:

It is worth noting that these are only technological proposals and are not binding on the court. The final qualification of the act depends on an individual case assessment by an expert toxicologist and a court.

In addition, it should be remembered that any psychoactive substances, specified as THC, can persist in the body for a long time, even up to a twelve days after ingestion, which may affect the consequence of toxicological tests.

Therefore, in the event of the detention of a driving licence for drug driving, it is crucial to carefully analyse the results of toxicological studies and consult an experienced solicitor who will assist in assessing the situation and possible preparation of the defence line.

Legal implications of drug driving

In the event of an offence:

• Arrest to 30 days or fine from 2.500 zł to 30,000 zł,
• Prohibition of driving from 6 months to 3 years.

In the case of a criminal offence:

• Penalty of imprisonment to 3 years,
• Prohibition of driving from 3 to 15 years,
• Cash benefit from PLN 5.000 to PLN 60.000 to the Fund for Harmful Aid.

In the case of recidilation – i.e. re-acquirement:

• Penalty from 3 months to 5 years,
• Possible life driving ban.

Summary

Stopping a driving licence for drugs has serious consequences – from fines to driving bans to prison. A sound assessment of the situation, including the concentration of the substance and the impact on the behaviour of the driver, is crucial. The presence of a lawyer may be invaluable – especially in disputed situations, where there is simply a chance to mitigate or even avoid criminal liability.