It appears I'm being sent for a medical before I've even been convicted

[shazar]

In summary, very confused.

Someone rang the police ( I have a very good idea that it was an ex partner with a grudge against me ) and said that they suspected me of drink driving. Which I don't, well certainly no more than a glass of wine with some food. Although certainly do drink admittedly reasonably heavily in the past, although nothing for several weeks now as this whole situation has been so stressful. I'm surprised I didn't go the other way and drink more.

I was arrested while inside my house. Policeman rang doorbell and asked if I'd had a drink. I said, yes. One glass of wine an hour before with some food. He was waiting for me around the corner of my house. I didn't mention having a small glass of wine while inside my house in fact stupidly said that I didn't.

Breathlysed 48 at 5.50pm. Police station breath 48 ( still! ) at 6.26pm, blood taken 87 as 7.10pm. Then breathalysed agiain, 28 and told I was fine to drive. Charged and bailed.

Solicitor encouraged me to plead not guilty as was unsure procedure had been correctly carried out and because so borderline felt that the small drink while inside my home and with no intention of driving again would have pushed me over the limit. Also he felt it was odd that the officer waited until I was inside my house before ringing my bell. Next court date is April.

In the meantime, I have been written to by the DVLA saying they have had information that I may have a medical condition etc, asked me to fill in a form, then wrote to my Dr who was honest in her reply as I had last year sought advice about cutting down myself. She has revealed results of the blood test she did. I now have to see a DVLA medical Dr in a couple of weeks for further bloods.

It seems like I could lose my licence twice over but I cannot find any posts on here with anyone that has experienced this situation. I don't think the DVLA know I am facing a charge it all seems to be separate and un connected.

I have been driving for 23 years, no accidents and no previous convictions except for one SP30 years ago. From my understanding I am being classed as a high risk offender - my solicitor doesn't seem to understand any of this and I was hoping someone can advise and indeed enlightedn me about what this medical would entail? Many thanks,
a very worried and confused person indeed.

 

[SeanJoyceStephensons]

Firstly I would like to clarify that my understanding from the information provided is that you are not currently being treated as a high risk offender. To clarify, anyone classed as a high risk offender by the DVLA must complete a medical before their licence can be returned to them after a disqualification. However this is not the only basis on which the DVLA can request that a person attends a medical with one of their doctors. The DVLA have specific guidance on which medical conditions will cause them to review a persons entitlement to drive: https://www.gov.uk/government/publications/at-a-glance and one of these is any evidence of persistent alcohol misuse or dependency. If you have discussed your drinking habits with your GP and the DVLA have somehow become aware of this, this investigation would have been instigated regardless of whether you were facing Court proceedings or not. From the information in your post it appears the DVLA's concern is whether you have persistently misused alcohol within the last 6 months, or been alcohol dependant within the last 12 months. If they have information to support this then your licence will be revoked, regardless of the outcome of your on-going Court case.

However, this does not mean that it is pointless continuing to defend this. If, for example, the DVLA have evidence of Alcohol dependence 9 months ago, then you will only have to demonstrate a further 3 months of sobriety to have your licence reinstated. If you have been disqualified in the interim then you would not be able to have your licence returned to you.