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Information on Legislation
Governing Drink and Drive in the Czech Republic
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Blood Alcohol Content (BAC) Limit
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BAC limit for drivers and riders
is 0,00; change of this limit is not expected in future; the
limit is given by the Law No. 361/2000 (The Law on Road
Traffic), § 5 article 2 a).
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BAC Testing Rules
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Driver has to pass the breath
test on the request of the Police of the Czech Republic and in
case of positive result he/she has to pass the medical (blood or
urine) test. Breath test is not taken as an evidence even sophisticated
electronic breathalyser is used, in case of urine or blood test
this test is taken as an evidence. Refusing one of the tests
means the driver is taken as a person under influence of alcohol
with all legal consequences. (Law No. 361/2000, § 5 article 1
f)); details are given by § 6 articles 2,3 and 5 of Law No.
37/1989 on Protection Against Alcoholism and Other Toxicomanias.
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Penalties
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Depending on situation; in case
of offence or causing of traffic accident under influence
withdrawal of the licence (ban to drive) up to one year, fine up
to 10000,- CZK (app. 250,- USD; average salary is app. 12000,-
CZK in the Czech Republic) (§ 30 article 1h) and 2 of Law No.
200/1990 on Offences) or by the administrative body or court in
case of causing road accident with serious consequences
imprisonment can be pronounced. Police of the Czech Republic has
no right to withdraw a driving licence on the spot even in case
of drink and drive offence (change comparing to previous
legislation). This offence should be transferred to the
administrative body (Regional Authority).
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Rehabilitation and Re-granting of
Licenses
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There is no official
rehabilitation programme for drivers committing drink and drive
offences in the Czech Republic.
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Enforcement of the Law
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Police of the Czech Republic (not
Municipal Police -“Městská policie”) has the right to
test any driver any time for presence of alcohol on the spot.
The Police should not have any suspicion toward the driver or
rider - routine checks are executed especially during night
time; no specially equipped cars (eg. in Victoria, Australia)
are used. The equipment used by the Police are glass blow tubes
or electronic computer breathalysers (DRAEGER). (Law No. 60/2001
on the Police).
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In case of futher information do not
hesitate to contact Mr Jaroslav Horin of Road Traffic Department,
Ministry of the Interior (Home Office), e-mail: ssc@mvcr.cz, phone:
(4202) 6143 2479, fax: (4202) 6143 3514
Road Traffic Accidents With
Alcohol Impairment in the Czech Republic
Even the Czech Republic still keeps the
0,00 per mile BAC for drivers and riders from total number of 190 718
road traffic accidents there where 9552 road traffic accidents caused by
impaired road users in 2002. On total figures it means 5,3% of total
road accidents caused by drivers during 2002. Regarding consequences of
road traffic accidents caused by impaired road users 136 (10,5%) people
were killed and 5084 injured from total number of 1314 people killed and
34505 people injured.
Comparing year 2001 and 2002 the increase
was registered in following figures:
- Total number of accidents increased by
3,7%,
- Number of persons killed by 35 persons
(by 34,7%),
- Number of persons injured by 350
persons (6,9%).
Comparing road traffic accidents by type
of a road users most of them were caused by impaired driver of personal
cars (7 729), cyclists (678), pedestrians (296), lorry drivers (468),
motorcycle riders (172), moped riders (121) and agricultural tractor
drivers (43).
Distribution of road traffic accidents
caused by the impaired road user varies according the regions of the
Czech Republic. The best record can be seen in Prague (2,9% of road
accidents and 8,5% of persons killed), the worst record in North
Moravian Region (6,6% of road accidents, 12,5% of persons killed). It is
interesting the “wine region” – the South Moravian Region does not
play any important role in alcohol related road accident statistics; on
the other hand the regions with high unemployment rate (e.g. North
Moravian and North Bohemian Regions) have very bad record.
Contact : Jaroslav Horin
e-mail : j.horin@seznam.cz
These
two articles have been reproduced from the website of the Czech
Republic Transport Research Institute and the copyright is theirs.
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