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  1. Action if a vehicle registration document, number plate or driving licence is found
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  2. Driving while intoxicated carries much harsher penalties: criminal liability and confiscation of the vehicle

Driving while intoxicated carries much harsher penalties: criminal liability and confiscation of the vehicle

On 25 November 2022, amendments to the Criminal Law and related amendments to the Road Traffic Law entered into force, which, along with other changes, also provide for criminal liability and confiscation of the vehicle for driving or teaching to drive a vehicle while intoxicated.

In road traffic accidents with serious injuries or fatal consequences, one of the reasons for the accident is usually the driver being under the influence of alcohol. The European Commission's assessment of alcohol and driving emphasises that the higher the concentration of alcohol in blood, the greater the likelihood of getting into a traffic accident.

Henceforth – criminal liability and confiscation of the vehicle

Punishment is a means of influence applied to a person who has committed an offense in order to protect public order, restore justice and punish the offense committed, as well as deter the offender and other persons from committing further offenses.

Henceforth, for driving a vehicle or teaching to drive a vehicle, if the concentration of alcohol in the blood detected in the exhaled air or blood test exceeds 1.5 per mille, or for driving a vehicle or teaching to drive a vehicle under the influence of narcotic, psychotropic, toxic or other intoxicating substances, the following penalties may be applied:

  • deprivation of liberty for a period up to one year;
  • temporary deprivation of liberty;
  • probationary supervision;
  • community service;
  • a fine;
  • by taking away the driver’s licence for a period of five years.

If the detected concentration of alcohol in blood exceeds 1.5 per mille, the vehicle is driven under the influence of intoxicating substances, or the driver of the vehicle refuses to undergo a medical test – the rules provide for confiscation of the vehicle:

  • the vehicle belonging to a person who has committed a criminal offence, with which he/she has committed the criminal offence shall be subject to confiscation;
  • if the criminal offense is committed with a vehicle belonging to another person, a full or partial value of this vehicle shall be recovered from the person committing the criminal offense.

The concept of "vehicle" contained in Section 261 of the Criminal Law has also been clarified by the amendments, specifying that vehicles should be understood as:

  • all types of cars;
  • tractors and other self-propelled machines;
  • trams;
  • trolleybuses;
  • motorcycles;

other motor vehicles that move with their own energy source, with the exception of vehicles with an internal combustion engine, the working volume of which is less than 50 cubic centimetres, or an electric engine, the maximum power of which does not exceed four kilowatts, and the maximum design speed does not exceed 45 kilometres per hour.