If you have been classified as a high risk offender, special rules will be applied by DVLA when it comes to being allowed to drive again following a conviction for certain offences.
The definition of high risk offender is either:
- When you have been convicted of one drink driving offence when your alcohol reading was above the following levels:
- A breath reading of 87.5µg or above;
- A blood reading of 200mg or above; or
- A urine sample of 267.5mg or above.
OR
- You have been convicted of 2 drink driving offences within 10 years. It does not matter if both or one of these involved a low reading or were 9 years and 364 days apart.
OR
- You refused to give the police a sample of breath, blood or urine to test for alcohol.
OR
- You refused to allow a sample of your blood to be tested for alcohol (for example if it was taken when you were unconscious).
High Risk Offender Rules on applying for your licence after your ban require you to:
- Serve your disqualification period;
- Apply for your licence; and
- Attend a medical examination;
- Comply with any additional requirements.
There were serious delays to this process during the Covid pandemic due to delays at DVLA offices that were not equipped to process paper applications. However, another cause of delay was the shortage of medical appointments.
Medical examination with a DVLA doctor
Once DVLA receive your application for a new licence they will require you to pay for and attend a medical examination where you will be expected to:
- complete a questionnaire about your medical history and use of alcohol
- take part in a physical examination
- have your blood tested
If there are ongoing concerns about alcohol misuse or dependency, it may be that the DVLA refuse your application to drive again or they issue a temporary licence requiring further tests at a later date.
Alcohol dependency/misuse
If you have a history of alcohol dependency and are seeking to reinstate your driving licence in the UK, the requirements may involve specific steps to ensure road safety. Here are some general considerations:
- Abstinence period for a minimum 12 months in alcohol dependency cases or a minimum 6 months in alcohol misuse cases. During this time, you should refrain from consuming alcohol entirely.
- Medical examination to assess your fitness to drive. The examination may involve a review of your medical history, a physical examination, and potentially a blood test or other assessments.
- Supporting evidence of your alcohol dependency treatment and any ongoing support or counselling you have received.
- DVLA application form provided by the DVLA for reinstating your driving licence. The form may ask for details about your alcohol dependency history, treatment, and any support you have received.
- Character references to provide insight into your recovery and ability to drive safely. These references could be from healthcare professionals, counsellors, or other individuals familiar with your journey.
- Ongoing requirements such as regular medical check-ups or periodic licence reviews, to ensure your continued fitness to drive.
It’s important to note that the specific requirements and procedures can vary. Therefore, it’s advisable to contact the DVLA directly to ensure you have the most accurate and up-to-date information for your situation.
Unfortunately, we are unable to assist with DVLA revocation issues or medical concerns following a ban.
We have outlined below some articles on our website and the DVLA site that may assist you.
https://www.motoroffence.co.uk/dvla-delays-and-covid-19/
https://www.motoroffence.co.uk/updating-the-dvla-your-questions-answered/
Am I legal to drive?
You need to fit the criteria of s.88 of the Road Traffic Act if you are waiting for DVLA to send your licence out to you. This is explained further in this DVLA leaflet. S.88 does not apply to the situation where you are awaiting the outcome of a medical assessment due to being a high risk offender.
We have also produced a calculator you may wish to use to establish whether s.88 of the Road Traffic Act applies to your circumstances which would mean you are legal to drive even if you are awaiting your physical licence from DVLA.
https://www.motoroffence.co.uk/calculators/dvla-licence-renewal-calculator/
What can I do to get DVLA to reply to me?
Delays with DVLA continue to be an issue. If you are getting frustrated by delays you may want to raise complaint to DVLA via their complaints procedure: https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure
Alernatively, if you involve your MP this can be an effective way of getting a response.
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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.
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