Proceeding from an analysis of 1400 cases of drunken drivers in the region of East Slovakia covering the period of validity of Decree 100/1975--Road Traffic Code--the authors draw attentation to persisting inadequacies in matters of drunkenness tests. As shown by practical examples, not even the new version of Decree 100/1975 has removed the chance of drunken drivers evading responsibility for the criminal offence of drunken driving. 388 out of the total of 1400 drunken drivers found chances of evading prosecution according to 201 of Penal Code by not allowing specimens of their blood taken. There are increasingly more cases of presenting urine instead of blood, a welcome loophole for many drunken drivers.