Confiscating a driver’s licence – a landmark judgement


The Supreme Administrative Court has ruled that a licence cannot be automatically confiscated from a driver who has failed a breathalyser test. It is required that the administrative authority determine the specific circumstances and specify them in the reasoning of its decision. The Supreme Administrative Court thus changed the previous judicial practice.

Our client was represented before the Court by Mr Štěpán Holub.

This follows from the judgement of the Supreme Administrative Court of 18 April 2018, Ref. No. 10 As 174/2017 – 27, published on the website here.

According to the judgement, the administrative authority must examine what reasonable criteria should be met for invoking such a serious consequence as provisional confiscation of a driver’s license (circumstances of the given act; degree of the driver’s intoxication; the driver’s history of infractions, etc.) and should describe in its decision the degree to which the criteria are met. If the authority fails to do so, its decision cannot stand as the court will be unable to review the exercise of administrative discretion. This is also why the Court quashed the previous judgement of the municipal court, which had adopted the conclusion that there was no room for discretion and the authority always had to decide on confiscating the licence if there was justified suspicion of driving under influence.

In this judgement, the Supreme Administrative Court thus changed its previous legal opinion expressed in case 5 As 74/2010.

Three Basic Facts about Compensation for Damages Caused in Road Traffic and Other Accidents in the Czech Republic

Holubova is often approached by law offices from all around the world to advise them on local law and local standards in cases related to damages and/ or injuries caused to foreigners in the Czech Republic, or Czechs abroad in road traffic, sport, or other ...

Duty to register beneficiary owners by the 1st January 2019

By the end of the year, legal entities have the duty to enter their beneficiary owners in the newly established Data Register of Beneficiary Owners. The duty applies to all regular limited and joint stock companies having their owners ...

According to the Constitution Court, both large and small employers should have the possibility to influence the management of health insurance companies

On 11 September 2018, the Constitutional Court of the Czech Republic ruled on abolishing a part of Section 10(3) and (5) of the Act on Employee Health Insurance Companies. A group of 19 senators was successfully ...

According to the court, abolition of two-way cycle streets and introduction of “blue zones” in Karlín violated the law

The anticipated decision of the Prague Municipal Court stipulated that the general measure that introduced the first stage of paid parking (blue zones) in Karlín while abolishing Karlín’s two-way cycle ...

Holubová advokáti to speak on the topic of GDPR News at the conference Vice Principals – Yesterday, Today and Tomorrow

A conference about what school vice principals have to contend with will take place on 9 October 2018. The organiser of this event is the publishing house Wolters Kluwer, specifically the editors of the magazine <...