Drink-driving in Slovakia and a Polish driving licence
Legal status as of November 1, 2026
A Polish driver is subject to Slovak traffic rules when driving in Slovakia. Drivers of motor vehicles are prohibited from driving after consuming alcohol while it is still in the body. The check may therefore lead to administrative-offence or criminal proceedings, as well as retention of a driving licence issued in Poland. [1]
The driver’s actual condition is decisive
The criminal offense of endangerment under the influence of an addictive substance is related to the performance of a dangerous activity in a state that excludes capacity. The law does not express this characteristic with a simple universal numerical alcohol limit. In a legal assessment, the results of the measurement, its time, other evidence, and the circumstances of the drive must be examined. An online rule based on a single alcohol reading cannot replace an assessment of the individual case. [2]
If the act does not constitute a crime, it may still be a misdemeanor with serious consequences, including a driving ban. The difference between a misdemeanor and a crime does not mean the difference between permitted and prohibited driving. Distinguishes between the legal regime of liability and the procedure in which the matter is assessed. In the event of an accident or personal injury, the possible elements of other offences are also examined. [2] [3]
The right not to testify does not mean the right to refuse an examination
Refusal of a legal examination to detect an addictive substance may, under the terms of the Criminal Code, constitute a criminal offense. The law regulates breath tests, preliminary screening tests and medical examinations. If you have a health problem that prevents a specific action, report it immediately and request its recording and professional assessment. Do not confuse a health obstacle with a unilateral refusal to cooperate. [2]
A suspect or accused person has procedural rights, the extent of which also depends on their status. However, exercising the right not to testify does not in itself exempt you from legal obligations during a traffic check. If you are unsure of the meaning of an action, ask for an explanation, an interpreter, and legal assistance. Do not rely on the assumption that requesting an attorney automatically allows you to refuse every examination. [4]
Retention of license is a separate issue
A Slovak police officer may, under legal conditions, also withhold a driver's license issued by another state. The retention of a document is not yet a final decision on guilt or the imposition of a sentence. The justification for its duration must be continuously reviewed. If the reasons do not exist or cease to exist, the law requires immediate return. [1]
Request confirmation and verify if it even allows further travel. Any permit pursuant to Section 70 of the Road Traffic Act is limited to a maximum of 15 days and is valid only in the territory of Slovakia. It is not a substitute authorization for travel through Poland. If driving is not permitted, arrange for another driver or tow the vehicle. [1]
Cross-border consequences must be verified in both countries
The law provides for a retained foreign driving licence to be sent to the issuing state, subject to specific statutory exceptions. Therefore, it is necessary to find out which Slovak authority is handling the matter and where the document is currently located. The mere passage of a certain number of days may not mean that the driver will pick it up at the original police station. [1]
The effect of a specific Slovak decision in Poland must also be assessed according to Polish rules and applicable European mechanisms. Without this check, it is impossible to promise that a driver can immediately drive in Poland, nor to claim that every Slovak ban automatically applies throughout the EU. The practical procedure is to request a precise decision and check the status of the authorization with the relevant Polish authority.
Similar languages do not guarantee understanding of the proceedings
If you do not understand or speak the language of criminal proceedings, please state this. The Code of Criminal Procedure regulates the right to an interpreter and to translation of important decisions. For an accused person, these include the decision formally bringing charges, the judgment and a criminal penalty order. You should ask openly to ensure understanding, even if you only partially understand standard Slovak. [4]
Before signing the minutes, verify that they capture your actual statement and objections. Check the driving time, the time of each measurement, the values and the units. If you have a reservation about your health condition or the course of the examination, insist on its factual recording. The accuracy of the data is later verified more difficult when the dispute is based only on the memory of a stressful inspection.
How to prepare materials for a defense
Give your lawyer all documents served on you, the confirmation that your driving licence was retained, test results and any available medical records relevant to the incident. Write a true timeline and identify the witnesses. Distinguish between what you know for sure and what you are just guessing. Later adjusting your account of events to the presumed test result can undermine the credibility of the defence.
Example: the driver receives confirmation that the licence has been retained, followed later by another decision by post. Taking a photo of the first document and calling the family will not solve the deadlines for the second. Each shipment must be assessed separately, as it may have a different subject matter and method of defense. Inform the employer factually about the possibilities of performing the work without promising a specific outcome of the proceedings.
Frequently Asked Questions
Does a Polish driving licence protect it from being retained?
No. Slovak law allows for the retention of a foreign driver's license if the conditions are met. [1]
Is refusing a breath test less serious than a positive result?
Such an assumption is incorrect. Refusal of a lawful examination may be a separate criminal offense under Section 289(2) of the Criminal Code. [2]
Do I have to agree to a document just because I understand a little Slovak?
No. If you do not understand the procedure to the necessary extent, please report it and exercise your language rights. Have the legal terms and consequences of signing explained. [4]
When confiscating a Polish driving license, it is useful to simultaneously address the defense in the proceedings, the reasons for confiscating the document, and its cross-border movement. Bring complete documentation and a timeline of the event to the first consultation.
Legal sources
[1] Act No. 8/2009 Z. z. on Road Traffic — Section 4, paragraph 2, letter c) and d), Section 70, in particular paragraphs 4, 6 and 9
https://static.slov-lex.sk/static/SK/ZZ/2009/8/20261001.html
[2] Act No. 300/2005 Z. z. Code of Criminal Procedure — § 289; depending on the circumstances, also crimes against life and health
https://static.slov-lex.sk/static/SK/ZZ/2005/300/20260818.print.html
[3] Act No. 372/1990 Zb. on Offences — Section 22; traffic offences and sanctions
https://static.slov-lex.sk/static/SK/ZZ/1990/372/20260901.print.html
[4] Act No. 301/2005 Z. z. Code of Criminal Procedure — § 2, paragraph 20, § 28, § 33b and § 34; procedural status and language rights
https://static.slov-lex.sk/static/SK/ZZ/2005/301/20260818.print.html