DVLA Medical

Convicted Driver Insurance

jaddyday

New Member
Hi,

I was banned on 29/10/2007 for drink driving with a reading of 159/100 in breath. I received a 24 month ban with a re-test, 12 months probation, a 3 month curfew, a prison sentence of 3 months suspended for 12, and was ordered to attend the probation service 'Drink Impaired Drivers' program.

The incident made me look at my drinking and I realised that I was an alcoholic. I battled with the addiction for over a year with brief periods of success but eventually decided that I needed professional help and checked into the Priory in April this year. I have not had a drink since.

My ban is now nearing it's end and I have received a letter from the DVLA informing me that I will have to attend a medical before my license can be returned. The letter states that I will not receive a license if there is evidence of alcohol dependency in the last 12 months. My medical records would suggest that this is the case.

It is clearly totally unacceptable that I should be denied a license because I have done the right thing and sought help for my illness. I know several people who are alcoholics who have not sought help and have passed the medical simply because they have abstained for the preceding five days. They are a far greater risk than someone in active recovery.

How do you suggest I play it? Should I be honest with them and hope they have the intelligence to make a rational decision, or should I simply say I no longer drink and deny them access to my medical records?

Any advice would be gratefully received

Regards
Justin
 
I suspect that if you decline to allow access to your medical records then they will refuse to reinstate your driving licence. My advice would be simply tell them you no longer drink and see what conclusions they draw themselves from your medical records.

If they refuse to reinstate your licence then there is an appeal procedure. This involves the issue of a summons against the DVLA to institute proceedings in a Magistrates Court. The DVLA will be represented by a barrister and I would advise you to also seek legal representation. Your legal representative can arrange an independent medical assessment to confirm you are alcohol free and no risk to other road users and can also help gather evidence from the priory and other organisations you may have been invovled with to prove the progress you have made with your drink problem. All of this evidence can be relied on to argue that your licence should be reinstated.
 
Many thanks for your advice. I will wait to see what the result of the medical is and hope for the best.

Regards
Justin
 
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