Alcohol at Work: When You Must Take a Breathalyzer Test and Risk Being Fired

Quick Overview

• You are not allowed to drink alcohol at the workplace or during work hours outside the workplace.
• You must not come to work under the influence of alcohol.
• You must submit to a breathalyzer test if ordered to do so by an authorized supervisor.
• A positive result does not automatically mean termination.
• For drivers, machine operators, and those in other high-risk occupations, the penalties may be significantly stricter.

When Is Alcohol Prohibited at Work?

The Labor Code prohibits employees from drinking alcoholic beverages at the workplace. This prohibition also applies during working hours outside the workplace, and employees are not allowed to come to work under the influence of alcohol.

This means that a problem could arise, for example, if you have a beer with lunch during work hours and then return to work. Similarly, you cannot automatically assume that it is permissible to drink alcohol directly in the office, workshop, or other employer’s facility after your shift ends.

The law allows only narrow exceptions. These apply, for example, to employees for whom tasting alcohol is part of their job duties, typically tasters or sommeliers. A special exception also applies to low-alcohol beer for certain jobs performed under adverse microclimatic conditions.

It is not decisive whether the employee feels intoxicated. Even residual alcohol can be a problem if an employee arrives at work with a non-zero blood alcohol level.

When Can an Employer Have You Take a “Breathalyzer Test”?

An employee is required to undergo testing to determine whether they are under the influence of alcohol or other intoxicating substances. However, the order to conduct the test must be given by an authorized supervisor whom the employer has designated in writing for this purpose.

The preliminary breathalyzer test itself may be conducted by the employer, an authorized person, or a healthcare professional. In practice, the employer should use an appropriate device and properly record the result.

The record should include, in particular:

• the date, time, and location of the test,
• the names of the employee and any persons present,
• the reason for the test,
• details of the device used,
• the measurement result,
• any repeat measurements,
• the employee’s statement.

If you disagree with the content of the record, it is advisable to request that your objections be included in it. Do not sign a report that describes the situation differently from how it actually occurred without adding your objections to it.

In practice, a common mistake is that while the employer conducts a breathalyzer test, they fail to record the time, the device used, the circumstances of the test, or the employee’s statement. It is precisely these details that can prove crucial later on.

What Happens If the Result Is Positive or You Refuse the Test

If the result is positive, your employer may bar you from working, especially if you could endanger yourself, your colleagues, customers, or property. For drivers, production line workers, or forklift operators, the response must be virtually immediate.

If an employee refuses a breathalyzer test, they may be in breach of their employment obligations. Furthermore, the refusal itself usually does not prevent the employer from proving the situation with other evidence, such as witness statements, the smell of alcohol, unsteady gait, or the employee’s behavior.

If the legal conditions are met, a preliminary breathalyzer test may be followed by a medical examination. If the employee refuses this examination as well, the law treats them as if they were under the influence of alcohol. However, if the breathalyzer test was conducted using an appropriate analyzer, a specialized medical examination is not typically performed under the law.

Refusal to take the test is therefore generally not a viable defense. In a recent case, the Constitutional Court emphasized that by refusing a breathalyzer test, an employee makes it more difficult to prove whether they have consumed alcohol. The court must take this circumstance into account when evaluating the evidence.

If an employee is aggressive, poses a threat to those around them, or refuses to leave a dangerous area, the employer may call the Czech Police or the municipal police.

Does a positive test automatically result in termination?

No. A positive breathalyzer test indicates a violation of the rules, but it does not in itself determine what level of disciplinary action is appropriate.

The employer must consider, in particular:

• what kind of work the employee performs,
• how high the measured value was,
• whether the employee was actually working,
• whether the employee endangered anyone or caused damage,
• whether this was a first-time incident or a repeat offense,
• how the employee cooperated during the inspection,
• how the employee has performed their job duties to date.

The Supreme Court has previously ruled on a case involving an employee who tested positive for gradually decreasing, low levels of alcohol before a shift. It emphasized that a non-zero reading does not automatically constitute a serious breach of duty that would always justify termination. All circumstances must be considered together.

The situation will differ for an administrative employee with residual alcohol that has no impact on operations compared to that of a bus driver, healthcare worker, teacher, or an employee operating hazardous equipment.In less serious cases, the employer may opt for a written warning. To terminate an employee’s employment due to persistent minor breaches of duty, the employee must have been notified in writing of the possibility of termination within the last six months. In the event of a serious breach, the employer may terminate the employment. The notice period for this reason is at least one month, unless a longer period has been agreed upon.

Immediate termination of employment is reserved for cases where the employee has breached their duties in a particularly gross manner. Typically, this may involve a situation where the employee performed high-risk work while under the influence of alcohol, seriously endangered others, caused damage, or engaged in repeated misconduct.

Furthermore, the employer must issue the notice of termination or immediate termination within the statutory time limit. As of June 2025, the employer generally has three months from the time they became aware of the reason, but no later than fifteen months from the occurrence of the event.

Alcohol at Company Parties and Business Lunches

For company parties, celebrations, or business lunches, it depends on where the event takes place, who organizes it, and whether employees continue working afterward.

If the celebration takes place directly at the workplace, the legal prohibition on alcohol consumption at the workplace still applies. An employer faces a problematic situation if they enforce a zero-tolerance policy in their internal rules but serve alcohol themselves at a company celebration in the office.

At a voluntary evening gathering at a restaurant, the connection to work will be weaker than at mandatory training, a business meeting, or a work-related event. However, even at a company party, an employee must not continue working, drive a company vehicle, or perform any other high-risk activity after consuming alcohol.

It is practical to find out in advance whether the event is voluntary, whether work duties end after it, and what rules the employer has established. A toast tolerated by management does not necessarily mean that an employee can subsequently continue working without restriction.

Summary

Alcohol is prohibited in the workplace, during working hours, and when arriving at work under its influence. An employee must submit to a test if ordered to do so in writing by an authorized supervisor designated by the employer.

However, a positive breathalyzer test or refusal to undergo testing does not automatically result in immediate termination of employment. The employer must assess the type of work, the level of risk, the measured alcohol level, the employee’s behavior, and any potential consequences.

In high-risk occupations, even a low blood alcohol level can pose a serious problem. Conversely, for a one-time instance of residual alcohol in a lower-risk position, the most severe penalty may not be proportionate.

If you are terminated or have your employment immediately terminated due to alcohol and you consider these actions invalid, do not delay in seeking a legal remedy. A lawsuit must be filed no later than two months from the date the employment was supposed to end.