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Driving After Using Addictive Substance

Act No. 361/2000 Coll., on Road Traffic (Road Traffic Act)

The Road Traffic Act addresses a broad range of situations that may occur in relation to addictive substances in traffic on road communications. It prohibits especially to use addictive substances while driving, drive a vehicle or ride an animal immediately after using an addictive substance or at such time after using an addictive substance when the driver may still be under the influence of it. The driver will be considered influenced by an addictive substance if its concentration in the blood sample of the driver reaches at least the limit prescribed in the implementing legislation – pursuant to Government Regulation No. 41/2014 Coll., the THC level limit is set as 2ng/ml in the blood sample of the driver. When the level limit is exceeded, the driver will be considered driving “under the influence”, which will constitute at least an offence under the Act. If, however, a person´s ability to drive is impaired due to the use of cannabis (or other addictive substance), driving in such a condition will already constitute a criminal offence under the Criminal Code. There is no regulation which would generally lay down the boundaries between “influenced” by THC and “unfit to drive” through THC. These boundaries were specified by the Supreme Court of the Czech Republic in the resolution Ref. No. 7 Tdo 979/2015 as 10 ng/ml in the blood sample of the driver. Drivers are also prohibited from providing a vehicle or entrusting an animal to a person under the influence.

If the driver is suspected of any behaviours described above, the police officer in charge of the road traffic will be entitled to order the driver to move the vehicle to the nearest stopping place suitable for parking the vehicle in terms of road traffic safety and free flow, and to prevent the driver from further driving by using a technical means that will make the departure of the vehicle impossible, or by towing the vehicle away. The police officer may also seize such person´s driving licence. Upon the request of a police officer or a military police officer, employer, attending physician or municipal police officer, the driver is obliged to undergo an examination to find out whether he/she is influenced by an addictive substance other than alcohol. The examination procedure is specified in detail by the Act on the Protection of Health from the Harmful Effects of Drugs. The Act further classifies offences committed by the behaviours described above. They may be punished by imposing fines and by disqualification, i.e. by banning from driving. An Annex to the Act specifies the “penalty points” received for the offences mentioned above.

§ 4 – Duties of road users

§ 5 - Duties of drivers

§ 47 - Traffic accidents

§ 118a – Preventing further drive

§ 118b – Withholding of the driving licence

§ 125c – Offences

§ 125d – Administrative offences of legal entities and natural persons - entrepreneurs

Annex – Penalty points

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