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?
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.
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.
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.
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.
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.
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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:
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: 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.
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.
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:
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.
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