Driver’s license seizure: How does it work and what are your options to get it back?

JUDr. Ondřej Preuss, Ph.D.
4. September 2024
7 minutes of reading
7 minutes of reading
Other legal issues

Many of us get behind the wheel every day without realising how close we sometimes come to losing our licence. Yet this is a major interference in our lives, even more so when driving is part of our work duties. Read on to find out the circumstances under which you could face having your licence seized, how the process works and what you can expect when it is reissued.

Having your licence confiscated is an inconvenience that can have a major impact on any driver’s life. For many of us, a driving licence is a key document needed to ensure mobility and independence. In what situations can a driving licence be suspended and what is the process from suspension to administrative proceedings to the steps to get the licence back?

What does the law say about the confiscation of a driving licence?

The confiscation of a driving licence is carried out on the basis of administrative proceedings, which are regulated by Act No 361/2000 Coll. on Road Traffic and the Administrative Code. If the police find a serious violation during an inspection, they can temporarily detain the driver’s licence. It then forwards the complaint to the administrative authorities, which have the right to initiate administrative proceedings against the driver to withhold the licence.

What can you lose your licence for?

Alcohol and drugs behind the wheel

Driving under the influence of alcohol or other drugs is one of the most common reasons why road users lose their licence. If the police find that a driver has alcohol or drugs in his or her blood, they can immediately suspend the licence. There is zero tolerance for alcohol behind the wheel in the Czech Republic. This means that any amount of alcohol can make you lose your licence if you get behind the wheel. However, forensic experts have deemed a breath alcohol level of 0.24 to be unprovable, so traffic officers should consider levels up to 0.24 to be a safety zone and not suspend your licence.

Serious traffic offences

Another fairly common reason why drivers lose their licences is because they have committed a serious traffic offence. These include speeding (the limits are 50 km/h in a municipality, 90 km/h outside a municipality, 130 km/h on a motorway), dangerous overtaking, running a red light or a serious breach of the rules of priority. Such behaviour is considered to be a significant threat to road safety and may not even result in an accident.

Unpaid fines and other administrative charges

Have you been fined or have other financial obligations to the state related to driving and are ignoring paying them? Even for these administrative reasons, the administrative authorities may proceed to suspend your driver’s licence. The law allows for the suspension of a driver’s licence even in cases where the driver fails to fulfil his/her obligations to the administrative authorities for a long time.

Failure to present the driving licence at the request of the police

If you refuse to produce your licence at a check, the police have the right to hold it until the situation is clarified. This is often done mainly as a precautionary measure to prevent misuse or falsification of documents.

Are you solving a similar problem?

Have you lost your licence and don't know what to do?

Have you been in a situation where you have lost your driving licence and don’t know how to resolve it? Do you need advice about the administrative proceedings that have been initiated against you? We will save you time and money by finding out what all the steps have been taken against you so that you can start fulfilling your obligations and resolve the matter as soon as possible.

I need more information

  • When you order, you know what you will get and how much it will cost.
  • We handle everything online or in person at one of our 4 offices.
  • We handle 8 out of 10 requests within 2 working days.
  • We have specialists for every field of law.

How the driving licence retention process works

Basically, there are two options: the police can seize your licence at the checkpoint, or you can lose it later as part of a subsequent administrative procedure. If the police officer finds that you have committed a particularly serious offence, they will issue a detention certificate and confiscate your licence. The information about the offence then goes to the relevant administrative authorities, who initiate administrative proceedings.

The process of administrative proceedings:

  1. The administrative procedure starts when the police hand over the seized licence to the administrative authority together with a report on the reasons for the seizure.
  2. The driver then has the right to comment on the entire administrative procedure, either in writing or orally. At the same time, he may offer evidence in his defence. We highly recommend that you use one of our lawyers for this step, as even a small detail that a professional can pick up on can save your licence in the end.
  3. This is followed by a decision by the administrative authority, which will examine and weigh all the documents and evidence presented, and on the basis of this, will decide either to return, extend the detention or revoke the licence for a certain period of time.
  4. The driver shall have the right to appeal against the decision of the administrative authority. However,such an appeal must be lodged within 15 days of receipt of the decision. We will be happy to help you with it again.

If you are wondering how long a driving licence is held for, unfortunately we cannot give you specific information. The length of detention always depends on the seriousness of the offence. For example, you can lose your licence for several months for drink-driving, and in some cases for a couple of years.

Tip na článek

Tip: Drivers who need a licence to practise their profession, such as professional drivers or sales representatives, may lose their jobs temporarily or have their work opportunities significantly reduced if their licence is suspended. In some cases, employers resort to alternative solutions such as providing another driver, but this is very rare.

What if I’m driving without a license?

You must not drive any motor vehicle while your licence is suspended. Not even in the context of re-parking and the like, as many people mistakenly think. If you get behind the wheel while your licence is suspended, you are committing the offence of driving without a licence. This puts you at risk of further penalties including fines, a lengthy driving ban or even prosecution.

In some exceptional cases, a driver has the right to apply for a provisional licence. However, the authorities will only grant this in very specific situations, for example to cover essential work commitments or for other compelling reasons. To obtain a temporary licence, you must again submit an application to the administrative authority and give proper reasons.

How do I get my licence back?

You can only get your licence back if you meet all the conditions set by the administrative authority. In some cases, drivers have to undergo a traffic psychological examination to get their licence back. During the test, your fitness to drive is assessed. Others are required to attend safe driving courses or other forms of traffic education. These courses aim to improve the behaviour of penalised drivers on the road.

Conditions for the return of a driving licence:

  1. Compliance with all sanctions imposed: The driver must comply with all sanctions imposed by the administrative authority, including any fines and driving bans.
  2. Successful completion of compulsory courses: In some cases, attending courses to educate drivers in the prevention of risky behaviour on the roads may be a condition for the return of the licence.
  3. Psychological assessment: In cases where the licence suspension has been linked to aggressive or dangerous behaviour, a traffic psychological assessment may be required to assess whether the driver is fit to return to the roads.

If you fail to comply with the conditions imposed, expect a lengthy and complicated process at the end of which your licence may not be returned. In extreme cases, you may even have to take the driving test again to get your licence. It is therefore clearly worth getting behind the wheel sober and following all the safety rules. Remember that risky behaviour behind the wheel not only puts you at risk, but also other road users.

Article topic:

Sdílejte článek


Are you solving a similar problem?

Solutions Tailored for You

Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

I Need help

Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

You could also be interested in

We can also solve your legal problem

In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.

Google reviews
4.9
Facebook reviews
5.0
5 200+ people follow our Facebook
140+ people follow our X account (Twitter)
140+ people follow our LinkedIn
 
We can discuss your problem online and in person

You can find us in 4 regional towns

Quick contacts

+420 775 420 436
(Mo–Fri: 8–18)
We regularly comment on events and news for the media