How to make a complaint about the DVLA medical assessment process

All HRO's please read this - Dont get caught out

Convicted Driver Insurance

rufus

Established Member
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 mg 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
  • a blood test to detect potential alcohol misuse
  • any further testing indicated.
If a licence is awarded it 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, experience shows that people are not advised of this hidden consequence of drink-driving.
 
In practice, this is complicated still further, because dvla will not specify what constitutes dependence, beyond a few vague suggestions in the medical ‘guidance’ for doctors, and have been even less clear as to what constitutes misuse or persistent misuse. Instead, they leave it up to a doctor to decide, which in turn depends on their individual knowledge (or more often lack of knowledge) as to what constitutes dependence/misuse. Chuck in some vague guidelines and it really depends on if you drink more than your doctor. If they’re teetotal, severely risk averse, or just plain wet middle class, you’re screwed.

MINUTES OF THE MEETING OF THE SECRETARY OF STATE FOR TRANSPORT’S HONORARY MEDICAL ADVISORY PANEL ON ALCOHOL, DRUGS AND SUBSTANCE MISUSE AND DRIVING WEDNESDAY, 21 MARCH 2018:-
“3. Medical standards review including AFTD.
Definition of controlled drinking for persistent misuse of alcohol
The published standards require ‘controlled drinking’ where there is a diagnosis of
persistent misuse, but do not specify what this means.
Panel were asked for a definition and suggested:
Drinking within government recommended health guidelines which are currently 14 units per week.”

I **think** this means if your doctor says you are drinking more than the health guidelines say, your alcohol intake is not deemed controlled for re-licencing purposes. Of course, this has sod all to do with road safety, as dvla well know, so they are relying on how your doctor interprets all this when they make enquiries so that dvla don’t carry the can.
Oh, and just for giggles, try this:-
https://health.spectator.co.uk/the-new-drinking-guidelines-are-based-on-massaged-evidence/
 
rufus said:
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.
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In a nut shell if you have ever reported to your GP any alcohol problems you will have your license revoked (not reissued) unless you can prove 1 year of abstinence and they dont even make it clear how you would do this either
 
rufus said:
In a nut shell if you have ever reported to your GP any alcohol problems you will have your license revoked (not reissued) unless you can prove 1 year of abstinence and they dont even make it clear how you would do this either
Click to expand...

no, during the medical, they ask you if you have been to your GP within 3 years of conviction to seek help for anything alcohol related... if you have then they contact your GP for details as they are required to do so and your GP has a legal requirement to submit any information.
I know this after researching it after my ban 3 years back as i was sceptical of the medical i would face in 3 years time and what they would do.... hence why i havent been to my GP for anything at all in the past 4 years.... (always plan ahead, no matter how far ahead).
 
sorry that should read "if you have ever reported to your GP any alcohol problems in the last 3 years you will have your license revoked unless"

I like a fool sort help from my GP only for it to be used aginst me but my ban was only for 14 months so didnt have 3 years notto see them
 
rufus said:
Unfortunately, experience shows that people are not advised of this hidden consequence of drink-driving.
Click to expand...
its not a hidden consequence... there is lots of information regarding the questions asked on the medical on the world wide web, and one of the questions is "have you been to your GP regarding alcohol issues in the past three years"... it doesnt take a rocket scientist to think that its best not to disclose alcohol issues with a GP within 3 years of facing the medical
 
rufus said:
I like a fool sort help from my GP only for it to be used aginst me but my ban was only for 14 months so didnt have 3 years notto see them
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Thats where i felt angry, because surely people seeking help should be applauded for doing so... it seems a shame that when they seek help, they only get reprimanded again. I guess people could bypass their GP's and go private if they need to, but not everyone has the money to do so
 
who are their GPs - do you mean the NHS GPs

A private GP would still have to disclose anything you told them to the DVLA
 
rufus said:
who are their GPs - do you mean the NHS GPs

A private GP would still have to disclose anything you told them to the DVLA
Click to expand...
No, i mean if someone wanted counselling for alcohol abuse then they could choose to go private... to a private counsellor... and bypass the GP altogether, if it is counselling they wanted.

I went to counselling 25 years ago and nothing was held on record to my GP
 
Rosie said:
its not a hidden consequence... there is lots of information regarding the questions asked on the medical on the world wide web, and one of the questions is "have you been to your GP regarding alcohol issues in the past three years"... it doesnt take a rocket scientist to think that its best not to disclose alcohol issues with a GP within 3 years of facing the medical
Click to expand...

Yes it is hidden as they do not tell you all the hoops you must jump through at the time you are classed as a HRO - I knew about the HRO medical this is common knowledge (but not to thosewho have never been banned as I didnt know anything)

This is not what is being discussed, its the fact that if you have reported any alcohol problem to your GP in the last 3 years, regardless of you serving your ban then you will have to prove 6 or possibly 12 months controlled drinking or abstinence - this is not made common knowledge at the time you get your ban and no info on the tests to prove this is given

Oh and by he way I nicked all that bumph off a legal website
 
Rosie said:
No, i mean if someone wanted counselling for alcohol abuse then they could choose to go private... to a private counsellor... and bypass the GP altogether, if it is counselling they wanted.

I went to counselling 25 years ago and nothing was held on record to my GP
Click to expand...

On the form it asks for your GP details or any other medical professional including hospital so if your willing to lie , fair enough you may get through unhindered - I wish I did
 
rufus said:
Yes it is hidden as they do not tell you all the hoops you must jump through at the time you are classed as a HRO - I knew about the HRO medical this is common knowledge (but not to thosewho have never been banned as I didnt know anything)

This is not what is being discussed, its the fact that if you have reported any alcohol problem to your GP in the last 3 years, regardless of you serving your ban then you will have to prove 6 or possibly 12 months controlled drinking or abstinence - this is not made common knowledge at the time you get your ban and no info on the tests to prove this is given

Oh and by he way I nicked all that bumph off a legal website
Click to expand...


well, TBH anyone who is in the mortifying situation of being an HRO would actually do their research... I know I did... its just common sense to do so as it takes seconds to commit the crime but youve weeks and months and years of figuring what you need to do next, and the internet is available to pretty much everyone
 
rufus said:
On the form it asks for your GP details or any other medical professional including hospital so if your willing to lie , fair enough you may get through unhindered - I wish I did
Click to expand...
well, my counselling was not alcohol related, but my point is that it never reached the files of my GP because it was private counselling
 
my advice to everyone is dont go to your GP or anybody else for that matter, dont seek help, suffer in silence, do your ban and get back on the road or you will be punished for it for ever more.

Sorry but in my experience , being honest gets you nowhere!
 
rufus said:
and my point is you are "supposed" to declare it !
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yes, but my point is "Private" counselling is private..... it can be about anything.... they do not ask you who your GP is or your address even... all they want to do is help you with whatever issue you are undergoing
 
sorry but you misunderstand "private" with regards to medical matters - it just differentiates between publically paid AKA NHS and treatment you pay for yourself
 
rufus said:
my advice to everyone is dont go to your GP or anybody else for that matter, dont seek help, suffer in silence, do your ban and get back on the road or you will be punished for it for ever more.
Click to expand...
I disagree, as there are plenty of means of support out there without even going to your GP. To be honest, once my medical is due in four months time I really will be stuck to say who my GP is as I havent been in so long! I'll just have to say the name of the surgery and they can take their pick of the 7 GPs there :-/
 
rufus said:
sorry but you misunderstand "private" with regards to medical matters - it just differentiates between publically paid AKA NHS and treatment you pay for yourself
Click to expand...
well obviously medical matters, operations and surgery, then hospitals WILL ask who your GP is.... but seeking advice RE alcohol? No.... that can be a private matter completely.
 
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