Ukrainian drivers can have their cars confiscated in Poland: what you need to know

In Poland, cars can be confiscated from drunk drivers.

In Poland, from March 14, 2024, the rules that allow the confiscation of cars from drunk drivers came into force. Ukrainians were among the first violators, RBC-Ukraine informs.

An explanation on the issue of confiscation of vehicles is published on the website of the Ministry of Justice of Poland. Even during the preparation of the draft law on mandatory seizure of cars in Poland, it was criticized at the level of the Supreme Court of Poland, the Polish Ombudsman and human rights organizations.

Despite criticism, mandatory car confiscation has been introduced since March 14, 2024:

• if the level of alcohol in the driver's blood exceeds 1,5 ppm - in this case, only the fact of confirming the state of alcohol intoxication is sufficient;
• in a drunken driver who caused/participated in an accident, if the blood alcohol level exceeded 0,5 ppm;
• if the car was destroyed during the accident, the driver must pay a fine equivalent to the value of the car;
• if as a result of the actions of a drunk driver serious bodily injury or death was caused, the penalty is up to 16 years of imprisonment (previously the maximum penalty was 12 years).

The Polish court actually got the right to confiscate the car even in the case when the driver's blood alcohol level was only more than 0,5 ppm. At the same time, even committing an accident involving a car driven by an intoxicated driver is not mandatory.

Polish officials have responded to criticism of provisions on the confiscation of vehicles from drivers who are under the influence of alcohol or drugs. Now the Ministry plans to abandon the mandatory confiscation of the vehicle. It is planned to cancel the rule that clearly obliges law enforcement agencies in Poland to seize a car. According to government officials, the abolition of mandatory car confiscation of drunk drivers in Poland should eliminate provisions that contradict the Constitution.

It is also planned to cancel the possibility of issuing a decision on the confiscation of a vehicle in cases where it is impossible or impractical due to its sale, loss, destruction or significant damage, or if the vehicle was not the sole property of the offender at the time of the offense.