Drink Driving High Risk Offenders: The Rules and Consequences

13th January 2017 by in category Drink Driving, News with 4 and 0
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drink driving high risk offender

When am I considered High-Risk?

If you are convicted with numerous and / or notably serious drink driving offences, you will be most likely considered a High Risk Offender (HRO). The list of offences that would attract such a title includes attempting to drive with excess alcohol in your blood, ‘being in charge’ of a vehicle while unfit through drink or even failing to provide a specimen for analysis (either breath, blood or urine). Yes, that does mean even if you think you are being a responsible road user and napping in your car until some of the alcohol seeps out from your pores (lovely!) and you start to feel a little more stable than you did rolling out of the pub a few hours ago; you are still technically in charge of that vehicle and can be prosecuted.

Let’s number crunch, shall we?

If you’re placed on the scheme and are a first time offender, this means you were found to have driven with an alcohol reading of over 87.5 microgrammes of alcohol per 100ml in breath (35 being the limit!) OR 200 milligrammes of alcohol per 100 millilitres of blood (limit being 80!) OR over 267 milligrammes of alcohol per 100 millilitres of urine (107 is the legal limit here!)

The authorities will also charge those who have been disqualified two or more times, within a period of ten years for drink driving offences. Officially, statistics tell the story that more than 8,000 of us regular Brits got caught out by the law on this point within the past 5 years!

Removing my Drink Driving High-Risk label

Under the HRO scheme, those of you who wish to return to the roads will need to jump through the DVLA ‘fitness to drive’ hoop and undergo a medical examination. In addition to this, you will also need to pay an additional fee to the DVLA for the application to recover you licence (as if you didn’t have enough of a headache already, ey?)

And before you think that your long-time buddy who runs the local GP surgery can assist you in trying to get the licence back – think again! The law states that you cannot gain your licence back until Government appointed doctors clear you and are satisfied that you are medically fit and competent to drive. This will include a full medical assessment and blood test. And to make your life even more complicated than it is already – there are numerous forms which need be filled out at certain junctions during this process. Adding further insult to injury for you, the vehicle type will also play a factor here as there are different criteria for regaining your licence (i.e. motorcycles vs buses).

This does effectively mean, even though your ban period may be over, (yay!) you must NOT return to the roads until you pass your full medical exam as you may be finding yourself in further legal trouble and even facing a possible prison sentence.

Doctors will use the Carbohydrate Deficient Transferrin test (aka. CDT) to assess whether you’re a high-risk offender or not.

Lesser Known Consequences of a Drink Drive Conviction

Not only will your future insurance go up significantly, it can significantly impede that holiday you were so looking forward to going on to the United States (and other countries, by the way!). The implications for the rest of your working and family life runs far deeper. Not only will you probably be wrestling with commuting on uncomfortable public transport to work, (if you still have your job, that is) your personal finances will be sure to take a significant hit after all the medical and legal bills. And if you were unfortunate enough to lose your job, because you know, your licence depended on it – then you’ll be joining the 5% of unemployed Brits in 2017 (not a particularly glamourous look if you ask us!).

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4 Comments

  • Carol sanders
    on 9th October 2021 Reply

    To pass a medical what is the weekly limit on alcohol? 14 units? 0 units? How long abstinate? My medical will be December January time. Many thanx

    • Author
      Jeanette Miller
      on 11th October 2021 Reply

      Dear Carol,

      We are unable to advise what level of alcohol consumption would determine whether you pass a medical assessment for the DVLA when classed as a ‘high-risk offender’ and attempting to get your licence back. Circumstances are assessed on an individual basis and will usually include a medical assessment and a sample of blood or urine which will show whether there is anything to suggest any level of alcohol misuse or dependence.

      You will also be asked a series of questions which you should answer to the best of your ability and as accurately as possible.

      If you pass the questionnaire alongside the medical examination with the doctor, then you will be safe to drive again.

      I hope this assists,
      The Geoffrey Miller Team

  • Steve Plews
    on 16th November 2021 Reply

    I really don’t know how the DVLA can label a person as a HRO offender without any assessment. If DD are to be classified in the same group as sex offenders and Murderers, then this cannot be a legal process. All HRO should be assessed, why are DD considered HRO whilst banned from driving? Of course the DVLA are entitled to consider fitness to drive, but I don’t see how they have any appropriate or informed information to label any person of being in a group that provides no rehabilitation. If a decision is made to consider a person a HRO by a court of law, then courses and support agencies are, or can be offered. The DVLA has no pathway to support offenders, so I really cannot see how they have any right to be involved in the label and data damage that a HRO will certainly involve outside of driving! Their remit is driving, not deciding on the labelling of any other area of a persons life. I think that there’s a human rights issue here, especially for the impact on housing, employment and many other areas. I cannot believe this has not been challenged!!

    • Author
      Jeanette Miller
      on 18th November 2021 Reply

      Dear Steve,

      It is the aggravating features of the drink driving offence (such as high readings and repeat offences) that triggers the high risk offender status due to the risk presented following the conviction, so it is ultimately the court who decide who is classed as a high risk offender. The DVLA then take this into account when the individual re-applies for their licence and has to pass the DVLA medical assessment.

      We understand your frustration related to the labelling of ‘high risk offenders’ in terms of driving offences. We unfortunately cannot assist in relation to challenging the ‘high risk offenders’ status. We advise you consider contacting your local MP about the issue and voicing your concerns to them.

      I hope this assists,
      The Geoffrey Miller Team

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