Vehicle forfeiture for drink-driving: when is it mandatory?

Accidents caused by drunk drivers provoke widespread public outrage in Poland, which has translated into tougher criminal sanctions. Since 14 March 2024, the Criminal Code (Kodeks karny, KK) has provided for the mandatory forfeiture of a motor vehicle in specified cases.

When must the court order forfeiture of the vehicle?

The court must order forfeiture of the vehicle where the offender:

• caused a disaster, an immediate danger of one, or an accident, while having a blood alcohol concentration above 1‰ (one per mille);
• drove while intoxicated, with a blood alcohol concentration above 1.5‰;
• drove while intoxicated (blood alcohol concentration above 0.5‰) while subject to a driving ban, or had previously been finally convicted of driving a motor vehicle while intoxicated or under the influence of an intoxicant, or of a road traffic offense committed while intoxicated.

In the situations described above, forfeiture of the vehicle is mandatory - in other words, the court must order it against the offender. The police then carry out a provisional seizure of the vehicle, which may last for a maximum of 7 days. During that time, the prosecutor should decide whether to impose a security order over the vehicle. If the prosecutor fails to do so, the provisional seizure lapses and the vehicle is returned to its owner. The absence of a security order does not, however, mean that the court will be unable to order forfeiture in any eventual conviction.

What if the vehicle does not belong to the offender?

It can, of course, happen that the car driven by the offender does not belong to them at all. In that situation, the court will not order forfeiture of the vehicle itself, but forfeiture of its equivalent value, corresponding to the vehicle’s value as stated in its insurance policy. Where there is no policy, the average market value of a similar vehicle is taken as the equivalent value. If necessary, the court can appoint an expert appraiser to assess the value. The same applies where, after committing the offense, the offender disposed of, gave away or concealed the vehicle liable to forfeiture.

Exceptions to mandatory vehicle forfeiture

The rule of mandatory forfeiture of a motor vehicle does not apply where:

• the offender was driving the vehicle in the course of professional or work-related duties for an employer,
• ordering forfeiture is impossible or would serve no purpose because the vehicle has been lost, destroyed or significantly damaged.

In that case, the court orders a compensatory payment of between PLN 5,000 and PLN 100,000, payable to the Fund for Assistance to Victims and Post-penitentiary Assistance.

FAQ

1. What is mandatory vehicle forfeiture?

Mandatory vehicle forfeiture means that the court is required to order forfeiture of a motor vehicle in specified situations - for example, where the vehicle was driven while intoxicated during a previously imposed driving ban.

2. Does vehicle forfeiture also apply to company cars?

No. Where the driver was driving a company vehicle in the course of their professional duties, the court orders a compensatory payment instead of forfeiture.

3. How long can the police hold the vehicle of an intoxicated driver?

For a maximum of 7 days. During that time, the prosecutor should decide on a security order over the vehicle.