DVLA medical after Drink Drive ban

Convicted Driver Insurance

BilboBaggins

New Member
I was banned from driving in 2011 for drink driving. As I was a high risk offender, I have to complete the DVLA medical examination. I originally did this in 2014 after my disqualification had elapsed, only to be informed 2 months later that my licence would be revoked as I failed the medical! At the time I was very upset about it, and didn't look into the reasons why exactly. I wasn't too bothered as my work colleague (also my father) would be able to drive me/us about for work. We work from home but need to do building site visits as part of our occupation.
Fast forward to the beginning of this year, and knowing that my father was going to be retiring soon, I set about at making sure I would pass the medical this time around and visited my G.P. to have blood tests for liver function, diabetes etc. With the knowledge that my G.P. had given me a clean bill of health, I attended the DVLA medical. During the questions that were asked, there was one question I did not fully understand and asked the Dr. to re-phrase it. The question that he re-worded was question 4 of the DD2 form: Has there been persistent alcohol misuse in the last 3 years? The Dr. re-phrased the question as; have you harmed yourself or harmed anyone else through the use of alcohol? To which I replied yes, I fell down some steep concrete steps whilst drunk some 15-20 years ago, enough for me to be hospitalised with a head injury. - but this was a long time ago.
The Dr. then asked: were you in control? To which I replied "of course I wasn't in control, I fell down the bloody steps!"
He gave me a perplexed look, shrugged his shoulders and continued with Q5.
Question 5 was asked please provide details of your alcohol consumption? I replied, "what at the time of the offence (2011) I was probably drinking no more than 100 units a week."

It is because of these misunderstandings of the questions asked that I am now being treated as though I am an alcoholic. I have tried to explain this to the DVLA, but they will not listen because the wrong boxes have been ticked.

I am at my wits end now as what to do now that my father is retiring and I cannot reapply for another 6 months. I will be unemployed.
I have re-visited my G.P. to get her to write a letter to try to explain my situation, but still no budging from the DVLA.
I have just made a complaint to the ombudsman about the decision and the way I have been treated. I have also notified the DVLA that I will be appealing the decision, and have all the medical and application form. (They couldn't even copy my address properly)

Do you think I have a good enough case to appeal this in the magistrates? Especially considering I will now have to claim benefits as I am unable to work.
 
You can appeal to the magistrates' court but that had to be lodged within 6 months of the latest decision being made by the DVLA. The date of the letter received from the DVLA confirming your licence would not be issued is the important date. That letter should have also outlined the appeal process.

If the DVLA believe you to have been dependent on alcohol in the last 12 months, due to mistake or otherwise, the best way to dispute this will be to present evidence of sustained normal liver function (through blood tests results).

Neither the DVLA nor the magistrates' court on appeal will consider your personal circumstances when deciding if you should be issued with a licence. If they believe there to be evidence of alcohol misuse or dependence, no amount of mitigation will assist with you getting your licence back. The primary consideration is one of road safety.
 
The revocation letter was dated the beginning of June. I notified them immediately by letter that I will be appealing along with my explanation of what happened at the medical. The acknowledgment letter of my decision to appeal also stated that I should send anymore medical evidence to them, which is why I revisited my G.P.
I returned to my GP, who stated in a letter to the DVLA that although I had been drinking heavy (due to not driving) in the past, I have no record of alcohol misuse going back to 2011 when I moved house and changed doctors. I have had no reply since, so I have also lodged a complaint with the ombudsman.

My CDT level at the examination was 1%

I will now obtain an independent full screening blood test, send them the results and attend court.

Are you interested in representing me in court?
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top