Car confiscation for drunk driving? Some people can get away with it

The previous government prepared regulations under which, from March this year, courts are obliged to forfeit the car of drivers who are caught double-gassing. The regulations were controversial from the beginning and the new coalition government announced changes. These have just been developed and represent a much less radical approach to drunk drivers – reports Rzeczpospolita.

Car confiscation for drunk driving? Not always

Let us recall that, according to the regulations still in force, the court is obliged to order confiscation of the car in the case of drivers who, while driving, have 1.5 per mille of alcohol in their blood (or more), cause an accident with a concentration of at least 1 per mille or in the case of recidivism, i.e. previous conviction for double-gas driving. Forfeiture is mandatory, so courts have no choice but to make such judgments.

According to the new proposals, the regulations are not to be so radical. Confiscation of the car in the above-mentioned cases will still be possible, but will no longer be obligatory. The court, taking into account specific circumstances, will be able to issue a different judgment.

However, the change does not apply to all cases. While the new government took into account drunk driving, Art. 178a § 1 and 4 of the Penal Code, which will be affected by the amendment, do not only apply to driving under the influence of alcohol. They also take into account driving under the influence of other drugs. In this case, drivers will not be able to count on a reduced fare. Regardless of the blood concentration, forfeiture of the car will be obligatory in this case.

This was noticed by the Commissioner for Human Rights, who believes that since the regulations indicate the thresholds for the state of intoxication, the same should apply to other psychoactive substances. Otherwise, it violates the principle of equality before the law.