Early Removal of Disqualification (section 42) & Medical

Convicted Driver Insurance

Wickwick

Member
I am about to apply for my licence back at the 2 year mark of a 3 year ban (second offence).

If my licence is granted back early is it up to me when I actually apply for it back?

The reason why I ask is because although I'm only a social drinker, I want to give myself the best chance of having a fully clear Medical which I believe means totally abstaining for 12 weeks prior to the medical itself. I don't want to start this total abstinence unnecessarily until I know I can apply for it.

Can anyone shed light on how this all works with the medical involved please.
 
Hi.
I cant help with when and/or how you can apply for early restoration of your license as that was not something that I have experience of but I can help with the medical. There will be plenty of posts with regard to the how and when part!!

It is obviously best to abstain, or dramatically reduce your alcohol consumption, for as long as possible. Personally, I went 23 days totally dry before my medical and got a test result of 1.0% (I was drinking just about everyday before this, 8-10 units a time). I would have preferred to have had a longer period of abstinence but was caught out by the 6 week window from the date of the medical request letter to attend your medical exam.

When you say you're a social drinker, how much do you normally consume and how often? What might be social drinking for some, might be heavy bingeing with regard to raising CDT.
Some posters have had private blood tests done before they apply for their licenses back. This is a pretty good way of gauging where you are starting from before you send your cheque. I hope he doesn't mind me pointing you in his direction but the poster who goes by 'White43' has done this and described the process and the company he used. I have described my own medical exam experience on my previous posts. No doubt someone else will have a story of the medical exam experience.

I hope this is of, at least, a little help. If there's anything specific I can help answer regarding the medical, just ask!
 
It is not necessary to totally abstain from alcohol before your medical, it needs you to drink sensibly for a few weeks, which seems to vary between 3-12 weeks according to your previous drinking history. For a man, 21 units a week will see your CDT levels come down from previous heights, but the problem can come if you are the sort of person when if you have a couple of drinks then you keep going. In that case abstenance is better.
you have a choice, as a social drinker you LIKE a drink..... as a banned driver you NEED your licence back, the priority seems clear, so give it as long as you can between now and the medical, should you be successful in reducing the ban. Have you got a solicitor for this? It is by no means easy to get this reduction and legal advice would be the best way to go.
 
If you abstain for 4 - 12 weeks you should be clear.

4 weeks is usually enough; but that means having nothing to drink in those four weeks. Its easier to completely abstain because if you just have a few drinks now and again its easy to lose track over a four/six week period and you want to be sure.

The medical is based all around alcohol consumption and fitness to drive. So unless you give any alarming answers to the medical questionnaire then it would be unlikely that a GP enquiry will be made. If that happens it can lengthen the process. All the questions are based over the last three years when asked.

You might get urine tested; which is not a bad thing as it is for your well being. You might get a basic eye test. These two tests are subject to the DVLA appointed doctors discretion; but if you are required to complete these its nothing to worry about.

As for getting your licence back early; you would be better off asking the in house lawyers on here. They have covered this for other people and they seem to take the view that the chances of success without a court appearance are greatly reduced. By that I believe you can just apply in writing. On application the police are also asked to give reasons why they believe you should not be given your licence back early; which apparently they always do. So you need to address the magistrates in person, and really with a lawyer. Its no cake walk by all accounts, and the reasons have to be beyond "I would like it back". There needs to be a special set of reasons; and they need to be established, especially as it was a second offence.

Good luck.

M
 
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Thanks for the replies, to be honest what I'd really like to know is, what happens when applying for licence back if successful.

From searching the net I'm under the impression the following will happen:

1) On the 2 year mark I can in writing apply to the court for a hearing (i checked with my sentencing court and they confirmed they will only accept the application on this date).

2) Approx 2 weeks later I will get a hearing (this was also confirmed by my sentencing court but obviously isn't guaranteed).

3) I will attend a short hearing where I will state my reason for early removal of disqualification. In my case I am applying for a internal job position to better myself that requires me to drive. The other reason I will be presenting is that I have addressed my previous issues for drinking as i was in a very volatile relationship which terminated thankfully following the offence and I have turned my life round totally.

Now the next part I'm unsure about:

Do I decide when I get my licence back or does the court tell me when and the clock start ticking for the medical?


I hear what you are saying and of course my licence is the most important thing to me and I'm not a heavy drinker its just my bloody 40th occurs slap bang in the middle of this and I just wanted to know what happens at this stage. I know I can probably even get away with one or two nights out but ive made the conscious decision to abstain for 12 weeks prior to the medical. My only problem in this case is that I'm not sure when that will be.
 
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Thanks for the replies, to be honest what I'd really like to know is, what happens when applying for licence back if successful.

From searching the net I'm under the impression the following will happen:

1) On the 2 year mark I can in writing apply to the court for a hearing (i checked with my sentencing court and they confirmed they will only accept the application on this date).

2) Approx 2 weeks later I will get a hearing (this was also confirmed by my sentencing court but obviously isn't guaranteed).

3) I will attend a short hearing where I will state my reason for early removal of disqualification. In my case I am applying for a internal job position to better myself that requires me to drive. The other reason I will be presenting is that I have addressed my previous issues for drinking as i was in a very volatile relationship which terminated thankfully following the offence and I have turned my life round totally.

Now the next part I'm unsure about:

Do I decide when I get my licence back or does the court tell me when and the clock start ticking for the medical?


I hear what you are saying and of course my licence is the most important thing to me and I'm not a heavy drinker its just my bloody 40th occurs slap bang in the middle of this and I just wanted to know what happens at this stage. I know I can probably even get away with one or two nights out but ive made the conscious decision to abstain for 12 weeks prior to the medical. My only problem is in this case is that I cant determine when that will be.

Here you go dude,

I forgot to copy this into my post. I'm sure these are the same guys who do in house legal questions on this site.

http://www.stephensons.co.uk/site/individuals/srvmotoring/early_return_of_driving_licence/

You might already have this stuff, but it might be worth a look.

I'm not sure that "bettering yourself" would cut it with this type of request. I mean you have a job and you're paying you're bills etc. I think it needs to be more an extreme hardship case were a licence return could create an employment opportunity, that could then allow an extreme set of circumstances, say financial hardship, to be reduced or reversed.

If you get your licence back then the DVLA will write to you. You then complete the D1 application enclose a cheque for the fee; and then they write to you again and give you the details of where it is you would need to go to complete the medical. You then contact that doctor directly to arrange the medical. You have six weeks to do that from the date on the letter that the DVLA will send containing the doctors details.

You pay the doctor directly. £118.00 inc VAT.

M
 
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What you are going be saying here is hey; I need my licence back early for an internal job promotion that will give me more money etc and better options in life. But its a job that I haven't got yet or might not get offered. I think the minimum you would need here is letter from your employer confirming the offer of the job; subject to you obtaining your licence early.

M
 
I totally take on your points and I think you are right in what you are suggesting and I will improve my case based on those suggestions.

I've read that 80% of requests are successful, were you aware of that? The reason why I say this is recently I read an article in a national paper saying too many drivers were getting their licences back early and the paper was complaining about it!! I'll try and dig it out.

Apparently if there are no aggravating factors and you haven't done anything else wrong you have a pretty good chance.
 
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I totally take on your points and I think you are right in what you are suggesting and I will improve my case based on those suggestions.

I've read that 80% of requests are successful, were you aware of that? The reason why I say this is recently I read an article in a national paper saying too many drivers were getting their licences back early and the paper was complaining about it!! I'll try and dig it out.

Apparently if there are no aggravating factors and you haven't done anything else wrong you have a pretty good chance.


I wasn't aware of that, no. But I couldn't find anything via any media links when I searched that stat. Maybe it was referring to a particular set of circumstances and reasons; which when presented result in an 80% success rate. The fact that it isn't jumping out across the internet would concern me though.

This is why it is worth consulting with a legal specialist. For the sake of a £50/£100 consultation fee; they can advise you and even prepare a statement for you to read out on your hearing date. You are giving yourself the best chance that way.

I just cant help but feel that if it was simply a case of asking for your licence back early so that you can try to get a better job; then the success rate would surely have to be 99%; because everyone and anyone could turn up and make that claim without challenge. I think you have look at this from the extreme viewpoint of the magistrates, and that of the CPS on behalf of the Chief Constable of Police.

The link that I sent over is from Sean Joyce who actively gives advice on this forum. Its worth putting these questions to him.

M
 
If you abstain for 4 - 12 weeks you should be clear.

4 weeks is usually enough; but that means having nothing to drink in those four weeks. Its easier to completely abstain because if you just have a few drinks now and again its easy to lose track over a four/six week period and you want to be sure.

The medical is based all around alcohol consumption and fitness to drive. So unless you give any alarming answers to the medical questionnaire then it would be unlikely that a GP enquiry will be made. If that happens it can lengthen the process. All the questions are based over the last three years when asked.

You might get urine tested; which is not a bad thing as it is for your well being. You might get a basic eye test. These two tests are subject to the DVLA appointed doctors discretion; but if you are required to complete these its nothing to worry about.

As for getting your licence back early; you would be better off asking the in house lawyers on here. They have covered this for other people and they seem to take the view that the chances of success without a court appearance are greatly reduced. By that I believe you can just apply in writing. On application the police are also asked to give reasons why they believe you should not be given your licence back early; which apparently they always do. So you need to address the magistrates in person, and really with a lawyer. Its no cake walk by all accounts, and the reasons have to be beyond "I would like it back". There needs to be a special set of reasons; and they need to be established, especially as it was a second offence.

Good luck.

M


I was hoping there are still some people on this forum that could help. I just stumbled along it.

I had my medical on the 1st of June, I maybe drank 6 pints in the 2 weeks leading up to the medical. Not alot.

I sat the medical and now the dvla have said that they need to speak with my GP for further information. I am not a heavy drinker and I cannot understand why they would do this?

Have I failed the medical?

At the moment I am waiting for the dvla to contact my GP and the waiting is killing me. I thought the medical would be a skoosh as I am a moderate drinker these days.
 
Hi
I was hoping there are still some people on this forum that could help.

I had my medical on the 1st June , I maybe drank 6 pints in the 2 weeks leading up to the medical. Not alot.

I sat the medical and now the dvla have said that they need to speak with my GP for further information. I am not a heavy drinker and I cannot understand why they would do this?

Have I failed the medical?

At the moment I am waiting for the dvla to contact my GP and the waiting is killing me. I thought the medical would be a fine as I am a moderate drinker these days.

What do they ask the GP
 
It might depend on what you drank in the weeks prior to 2 weeks before your medical.
you may have had a CDT result between 2.3 and 2.9 which prompts DVLA to contact your doctor.
it could also be something to do with answers you gave on the medical questionnaire.

your doctor will be asked if there have been any alcohol related problems or treatment in the past 2 years, and what your current health is like.. What will the answer be to that?
 
Hi
I was hoping there are still some people on this forum that could help.

I had my medical on the 1st June , I maybe drank 6 pints in the 2 weeks leading up to the medical. Not alot.

I sat the medical and now the dvla have said that they need to speak with my GP for further information. I am not a heavy drinker and I cannot understand why they would do this?

Have I failed the medical?

At the moment I am waiting for the dvla to contact my GP and the waiting is killing me. I thought the medical would be a fine as I am a moderate drinker these days.

What do they ask the GP


It's most likely in connection with how you answered the medical questionnaire. Is there anything that you have seen your GP about that may cause a problem? By the way, you can request your blood test results from DVLA before they've made a decision, or in fact before they've heard back from your doctor...
 
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