Many people convicted of driving with excess alcohol leave court with a pretty clear idea as to when the end of their driving ban will be. But for a significant number, there is a shock further down the line.
Contrary to popular belief, there is no ‘right’ to hold a driving licence merely by having passed a driving test (and not otherwise being disqualified). The Secretary of State for Transport has the right, where the circumstances justify it, to withhold a licence. One of the circumstances where this arises is after a drink drive conviction if the offender is deemed ‘high-risk’.
What is a high-risk offender?
The high-risk offender scheme applies to drivers convicted of the following:
- one disqualification for driving or being in charge of a vehicle when the level of alcohol in the body equalled or exceeded either 87.5 mcg per 100 ml of breath, 200.0 mg per 100 ml of blood or 267.5 mg per 100 ml of urine
- two disqualifications within the space of 10 years for drink-driving or being in charge of a vehicle while under the influence of alcohol
- one disqualification for refusing or failing to supply a specimen for alcohol analysis
- one disqualification for refusing to give permission for a laboratory test of a specimen of blood for alcohol analysis.
If I fall into one of those categories, what does it mean?
It means that at the end of your disqualification period, your driving ban will not end and your licence will not be returned.
How do I get my licence back after a driving ban?
There will need to be a medical assessment of your suitability to hold a driving licence; this will consist of:
- a questionnaire
- a serum CDT assay
- any further testing indicated.
If a licence is awarded, the until 70 licence is restored for Group 1 car and motorcycle driving. Consideration may be given to a Group 2 licence.
If a high-risk offender has a previous history of alcohol dependence or persistent misuse but has satisfactory examination and blood tests, a short period licence is issued for ordinary and vocational entitlement but is dependent on their ability to meet the standards as specified.
A high-risk offender found to have a current history of alcohol misuse or dependence and/or unexplained abnormal blood test results will have the application refused.
What does this mean in practice?
You need, if you are regularly consuming large quantities of alcohol (“large quantities” may be much less than you think), to reduce your intake significantly, otherwise, this pattern of alcohol abuse will reveal itself when the blood sample is analysed (for liver function markers).
I wish I had been told this at the time.
Unfortunately, our experience shows that often clients are not advised of this hidden consequence of drink driving.
Is there any appeal mechanism?
Fortunately, yes there is. And we can assist you.
If you would like further advice about this topic, then please contact Regan or Gemma on 0121 201 3765 or info@reganpeggs.com
Regan is an accredited mediator and arbitrator. He is a member of the Chartered Institute of Arbitrators and a panel mediator for ADR ODR International. Regan has experience in mediating commercial, family and local political disputes, and representing his clients in those sessions.
Regan is a former Chair of the Board of Directors at the Birmingham Law Society and a former chair of its Criminal Law Committee. He has been a lecturer for law students at the Open University. He is the only defence solicitor in the UK to be regularly invited to address international military students at the Royal College of Defence Studies.
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