Ban on driving motor vehicles – From when is it counted? Application for shortening the ban, alcohol interlock.

How long does the ban on driving motor vehicles last?

In the case of committing a crime against traffic safety, such as causing a car accident or a traffic catastrophe, the court may impose a ban on driving certain types of motor vehicles, generally speaking, for a period ranging from 1 year to as long as 15 years.

The regulations specify certain circumstances that make the minimum duration of the ban imposed by the court 3 years. Moreover, this can be a ban on driving a specific type of vehicle or any motor vehicle. When can the court impose a ban on driving motor vehicles for a minimum of 3 years? This situation will occur in the case of:

• committing a crime against traffic safety while intoxicated,
• committing a crime against traffic safety under the influence of a psychoactive substance,
• committing a crime of driving a vehicle while intoxicated or under the influence of a psychoactive substance,
• fleeing the scene of a specified event, effectively preventing verification of whether we were under the influence at the time the act was committed;
• when, after a specific event (e.g., causing an accident) and before being tested by the competent authority to determine alcohol or drug levels in the body, we consume alcohol or take a psychoactive substance (for example, intending to cast doubt on whether we were already under the influence when driving) – this case applies to acts committed after October 1, 2023, i.e., following the amendment of the Penal Code in this regard.

In the cases specifically mentioned in the Penal Code, the court is obliged to impose a life ban on the perpetrator for driving any motor vehicles. This happens, among other things, when the perpetrator, causing a traffic catastrophe or simply a traffic accident that results in the death of another person or serious injury, is intoxicated or under the influence of a psychoactive substance, or has fled the scene of the incident. Another solution is possible only if there is an exceptional case, justified by special circumstances. Avoiding a life ban on driving any vehicles will be significantly more difficult in such a situation, but it is still possible.

When does the ban on driving motor vehicles begin?

It is obvious that many people are unsure when the ban on driving motor vehicles starts. Well, the duration of the ban is calculated from the date the driver’s license (including electronic ones) or another appropriate document is confiscated, i.e., in practice, from the date the traffic offense occurred.

Can the ban on driving motor vehicles be shortened?

The ban on driving motor vehicles is a severe penalty that significantly affects the lives of those it is imposed upon. For this reason, they often seek ways to minimize the duration of the ban. Is it possible to shorten the ban on driving motor vehicles? The general rule is that the court can, at our request, recognize the ban on driving motor vehicles as served earlier than the set period, but not before half of the period for which it was imposed. The better documented the request to shorten the driving ban, the better the arguments it contains, the higher the chances of it being accepted by the court. Therefore, it is worth entrusting the preparation of this request to a specialist in this field, such as the advocate Michał Surówka from Kraków.

Thus, if we have a ban imposed for a period of, for example, two years, we can try to shorten it – let’s call it for simplicity – after one year from the date of the license confiscation. However, this is always conditioned by whether we have adhered to legal order during the ban period, and the ban has been carried out for at least one year. This means that if the ban was imposed for only 1 year, it will not be possible to shorten it after half of the ban period, i.e., in this case, after six months.

Is it possible to shorten the ban on driving motor vehicles for a lifetime? Yes, but only after 15 years of serving this ban, and additionally, there must be no risk of re-offending a similar crime to the one for which the penalty was imposed. What does this mean? It will essentially come down to presenting our life history over the last 15 years, proving that we have adhered to the legal order during that period, and showing our positive so-called criminological prognosis.

What is particularly important, shortening the ban on driving motor vehicles is completely excluded if the ban was imposed due to committing a crime under the influence of alcohol, drugs, or due to fleeing the scene of a crime. In such a situation, the only lifeline will be using the so-called alcohol lock.

Alcohol lock – change in the way of serving the ban on driving motor vehicles

Typically, perpetrators of crimes against traffic safety wonder how to shorten the ban on driving motor vehicles. In the case of traffic crimes committed while intoxicated, under the influence of a psychoactive substance, or when the perpetrator has fled the scene of the traffic crime, there is only one way to speed up the return to driving. This is obtaining the court’s consent to change the way of serving the ban on driving motor vehicles so that the continuation of the ban would still involve a ban on driving vehicles, but only those not equipped with an alcohol lock.

When can an alcohol lock be used?

Under what circumstances can one seek to change the way of serving the ban on driving motor vehicles? This is possible only after at least half of the imposed ban period has passed. Thus, in the case of the most commonly imposed period, i.e., a three-year ban, the change in the way of serving the ban will only be possible after 1.5 years from the date of license confiscation.

Request for the use of an alcohol lock

To obtain such a change, one must submit a well-prepared and well-documented request to the court. The safest, but also more costly, option is to use criminal law services in Kraków and prepare the request with an experienced lawyer in this field.

This is crucial because simply adhering to the legal order is not sufficient to obtain an alcohol lock. In the court proceedings, it will be determined whether the perpetrator’s attitude, personal traits, and behavior during the execution of the penalty justify the belief that driving by this person does not pose a threat to traffic safety. The success of the request for a change in the way of serving the ban to an alcohol lock will depend on its quality, the information and documents presented, and most often on the results of a social background check conducted by the court.

Those interested in professional legal assistance in matters related to the ban on driving motor vehicles can take advantage of the offer provided by the SURÓWKA Law Office. We offer expert support, including the preparation of a legally flawless, well-argued request for the shortening of the ban on driving motor vehicles and a request for the use of an alcohol lock. Additionally, we specialize not only in criminal law but also in areas such as:

• Business law Kraków,
• Divorce cases Kraków.

Read also:

• How much does it cost to hire a lawyer in a criminal case?
• How to check if someone has been detained by the police?
• Postponement of the execution of a prison sentence.