Talk to one of our advisers

01502 533000

Beccles

01502 718700

Gorleston

01493 652204

Great Yarmouth

01493 849200

Halesworth

01986 872513

Lowestoft

01502 533000

Norwich

01603 510904

The Hidden Peril of Drink Driving

alcoholweb

Many people convicted of driving with excess alcohol leave court with a pretty clear idea as to the length of their driving disqualification, 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 one of these measures:

87.5 mcg per 100 ml of breath

200.0 mg per 100 ml of blood

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 licence will not be returned.

How do I get my licence back?

There will need to be a medical assessment of your suitability to hold a driving licence; this will consist of:

  • questionnaire
  • serum CDT assay
  • any further testing indicated.

If a licence is awarded, the ’til 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 (which may be much less than you believe it to be), 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 clients are not advised of this hidden consequence of drink driving.

Is there any appeal mechanism?

Fortunately, yes there is. We have a dedicated team of road traffic experts ready and able to assist you.

If you would like further advice about this topic, then please contact Rob Barley r-barley@nortonpeskett.co.uk or tel: 01502 533020.

 

 

 

 

Share |

Visiting Us

  • Get Direction
    Address:
    148 London Road North
    Lowestoft
    Suffolk
    NR32 1HF
    United Kingdom

    Tel: 01502 533000
    Fax: 01502 533001
    DX: 41200 LOWESTOFT
    Email: enquire.lowestoft@nortonpeskett.co.uk
    Hours: Mon - Fri 09:00 - 17:00, Sat 09:00 - 12:30
  • Get Direction
    Address:
    18 Church Plain
    Great Yarmouth
    NR30 1NF

    Tel: 01493 849200
    Fax: 01493 849201
    DX: 745240 GREAT YARMOUTH 5
    Email: enquire.yarmouth@nortonpeskett.co.uk
    Hours: Mon - Fri 09:00 - 17:00
  • Get Direction
    Address:
    Exchange Square
    Beccles
    Suffolk
    NR34 9HP

    Tel: 01502 718700
    Fax: 01502 718709
    DX: 51450 BECCLES
    Email: enquire.beccles@nortonpeskett.co.uk
    Hours: Mon - Fri 0900 - 13:00, 14:00 - 17:00
  • Get Direction
    Address:
    Old Bank House
    66a Bells Road
    Gorleston
    Norfolk
    NR31 6AF

    Tel: 01493 652204
    Fax: 01493 653462
    DX: 41050 GORLESTON
    Email: enquire.gorleston@nortonpeskett.co.uk
    Hours: Mon - Fri, 09:00 - 17:00
  • Get Direction
    Address:
    52 Thoroughfare
    Halesworth
    Suffolk
    IP19 8AR

    Tel: 01986 872513
    Fax: 01986 875484
    DX: 51202 HALESWORTH
    Email: enquire.halesworth@nortonpeskett.co.uk
    Hours: Mon - Fri 09:00 - 13:00, 14:00 - 17:00
  • Get Direction
    Address:
    23 Cathedral Street
    Norwich
    Norfolk
    NR1 1LU

    Tel: 01603 510904
    DX: 5202 NORWICH
    Email: enquire.norwich@nortonpeskett.co.uk
    Hours: Mon - Fri 09:00 - 12:30, 13:30 - 17:00
Norton Peskett Solicitors