Drink driving without a car and without alcohol? Mean Doctor and Stupid DVLA rules

Convicted Driver Insurance

BernardK

New Member
I started at a new company about a month ago - we were acquired by a large accounting firm. As part of the "onboarding" process we answered a questionnaire including some questions about "medical history and work". I mentioned that I'd had stress-induced stomach ulcers.

So I'm asked to have a medical exam for Occupational Health reasons - are there any adjustments we can make to help you work better? A guy with poor eyesight got a bigger monitor, single mum with kids was able to arrange flexi-time etc.

I took the medical exam expecting stomach ulcers to be the focus. But I'd also mentioned taking the antidepressant Citalopram on the questionnaire.

The doctor asked question after question after question, probing this, provoking that. I felt attacked. Eventually I just sort of broke down and explained I'd been a heavy drinker for a long, long time. She says that I must inform the DVLA of my alcohol dependence. I looked that up and yes, a medical condition of Alcohol Dependence fails the DVLA's fitness-to-drive test and they will revoke your license for a year!

That's right. Ring them up, tell them you drink to much and they'll cancel your license. There's even a rule for "Alcohol Misuse" which includes alcohol leading to "disturbance of behaviour" and "disease or other consequences". Tell Cardiff town-centre on a Friday night about that one. It only gets you a 6 month suspension.

Anyway I ask to have the report sent to me before being released to my employer. It was brutal: "...long-standing mental health issues", "...unable to cope...", "..refer to independent psychiatrist..."

I refuse to give my consent for the report to be released. I have that right under the "Access to Medical Reports Act 1998". That should be the end of it. I have rights from the Data Protection Act etc. There's nothing they can do if I don't want to play ball. What are they going to do to improve my working environment? A mini bar beside my desk?

Meanwhile...

Yes, I've had a drinking problem a long time. And with this new job starting I finally, after years of attempts and failures, I had my last drink on August 16th. It'll be 2 months soon. I've never felt better in my life. Everything has just come alive!

But I visited my GP today. The medical report doctor had called them to get information. She had mentioned the DVLA thing several times to the doctor who took her call. I'm suspicious... I've done about 3 hours research this afternoon and I finally find "NHS: Guidance for medical practitioners on Public Interest Disclosures"

A public interest disclosure is where a doctor can make public confidential information because it serves a greater good. This would allow the medical report doctor to tell my employer, and/or tell the DVLA about my "condition".

Surely not? I've been sober 2 months. They can't cancel my license for that reason. But there in the guidance book on page 9:

Examples of where public interest can be a defence include:
• Reporting to the Driver & Vehicle Licensing Centre a patient who rejects medical
advice not to drive (although health professionals should inform the patient of their intention to report it);

She's going to do it, I can just tell. I'm going to get a drink-driving suspension without having had a drink or being in a car.

How can I defend against this!?!?
 
If the DVLA receive medical evidence that you have been alcohol dependant within the last 12 months then this will almost certainly result in the immediate revocation of your driving licence until you have obtained a period of 12 months controlled drinking or abstinence. I'm afraid that these guidelines have been put in place after consultation with a number of medical professionals and ostensibly they are designed to protest the public from potential harm. As such it is very difficult to contest them.

The DVLA's view is that if they have medical information advising that you have been alcohol dependant then there is a real risk, due to the frequency of your drinking, that you would drive whilst over the limit. Therefore they view that it is in the public interest to revoke a licence until they feel that the risk has significantly reduced. The time frame of 12 months is based upon the medical advice that they obtained when setting the guidelines.

Unfortunately if the doctor does forward this information on to the DVLA and they decide to revoke your licence then you would be very unlikely to succeed with any appeal on the basis that the guidelines are unreasonable.
 
Thanks Sean.

What chance is there that they'll hit me with the £1,000 fine? Could I perhaps reduce the chance of that happening by informing them myself before the doctor has a chance to "out" me?
 
As this is a medical revocation rather than a criminal conviction you should not receive any fine for the matter, regardless of who advises them of the issue.
 
The only reference that I can find in legislation is a requirement to inform the DVLA where you suffer from a disability: http://www.legislation.gov.uk/ukpga/1988/52/section/94

It may be that this matter is covered under different legislation, or that alcohol misuse/dependence would be classed as a disability for the purposes of this Act. However I could not say for certain without looking into this in much greater detail.

In my experience I have not seen anyone prosecuted for this matter and I have acted for a number of people who have been referred to the DVLA by their GP, both for alcohol related issues and also other health problems. If you are concerned then you can of course refer yourself to the DVLA. If you believe that your Doctor is going to do so in any event then there is nothing to be lost by referring yourself and it would protect your position if they did try to impose a fine.
 
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