Drink driving – High Risk Offenders

September 25, 2017

Most people convicted of drink driving leave court thinking they know the length of their disqualification. But because there is no ‘right’ to hold a driving licence, the Secretary of State for Transport has the right, to withhold a licence. This can happen after a conviction for drink driving if the offender is deemed ‘high-risk’.

What is a drink driving high-risk offender?

You could be classified as a high risk offender in a number of ways.  These include where the ban is based on a very high alcohol reading, two disqualifications within 10 years or a disqualificatoin based on a refusal to provide a specimen of breath.

If you fall into one of these categories, your licence will not be returned at the end of your drink driving ban.  Instead, there will need to be a medical assessment of your suitability to hold a driving licence.  If there is a history of alcohol dependence, then a licence might be issued for a short period dependent on the ability to meet specified requirements.   But a high-risk offender who is found to have a current history of alcohol misuse will have the application refused.

In practice, if you are regularly drinking a lot of alcohol (which may actually be much less than you think!), you will need to reduce your intake significantly.  Otherwise, this drinking will show up when the blood sample is analysed (for liver function markers).


Is there any appeal mechanism?

Fortunately, yes there is. We have a dedicated team of road traffic experts ready and able to assist you.  If you would like further advice about this topic, then please contact, Partner, Asim Ali on 0161 233 4321 or alia@tuckerssolicitors.com   He heads up our team of Road Traffic experts and will be able to provide you with expert legal advice in respect of your circumstances.

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