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.
The police can seize a driver’s licence on the spot if they suspect a serious traffic offence or crime.
The most common reasons are alcohol or drugs behind the wheel, very high speeds or refusal to take an alcohol test.
The further fate of the driving licence is then decided by the administrative authority in an administrative procedure.
The driver has the right to defend himself, to propose evidence and to appeal.
If the police have seized your licence and you do not know what to do, consult a lawyer who can also advise you on traffic offences.
Having your driver’s license confiscated is an inconvenience that can profoundly affect any driver’s life. Indeed, for many of us, a driver’s license 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 seizure of a driving licence is carried out following an administrative procedure governed by the Road Traffic Act 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 protective zone. However, this is not a matter of law, it is based on case law only.
We were once contacted by a client whose licence had been suspended by the police after he refused a breath test for alcohol at a roadside check. The client had had dental treatment shortly before the check and was concerned that the mouth sanitizer would skew the result, so he wanted a straight blood test at the hospital.
Nevertheless, the police assessed his action as a refusal to be tested and the matter went to administrative proceedings. That’s why he turned to us. Thanks to our legally accurate statement and the supporting medical documentation from the dentist’s office, the administrative authority finally took into account all the circumstances of the case when making its decision, and the sanction for the client was more lenient than the one usually imposed for refusing the test.
Another fairly common reason for drivers to lose their licences is the commission of 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 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.
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.
In practice, we often see that drivers underestimate the first statement in administrative proceedings. Yet it is at this stage that evidence can be presented which can significantly influence the decision
If the police have initiated administrative proceedings against you, have the procedure checked by a solicitor – even minor procedural errors often make the difference.
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 you are banned or otherwise disqualified from driving, you may be guilty of the offence of obstruction of official authority. This puts you at risk of further penalties including fines, a longer driving ban, or even criminal prosecution.
You can only get your licence back if you meet all the conditions set by the administrative authority. In some cases, drivers must undergo a traffic psychological evaluation to get their license 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.
A driving licence seizure is a measure that police can use at the scene of a checkpoint if a serious traffic offence or crime is suspected, for example, drink or drug driving, refusal to take a breath or blood test or other dangerous traffic offences. The further fate of the driving licence is then decided by the administrative authority in an administrative procedure, which may impose a fine, driving ban or other sanctions depending on the seriousness of the conduct. The driver has the right to defend himself in the administrative proceedings, to present evidence and to appeal. If a driving ban or other conditions have been imposed, the driving licence may be restored only after the conditions have been complied with and an application has been made to the competent authority.
For example, if you are suspected of driving under the influence of alcohol or drugs, if you refuse an alcohol test or if you commit a serious traffic offence.
The administrative authority decides on the length according to the seriousness of the offence or crime.
No. You must not drive any motor vehicle while under arrest or ban.
The competent administrative authority (municipal authority of the municipality with extended competence).
Only in certain cases – for example, when you have been banned for a long time or have reached 12 points.
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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.
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