Changes to rules affecting High Risk Drink Drivers

New legislation came into force on 1st June 2013 which targets drivers who have been disqualified and that are classed as ‘High Risk Offenders’.  High risk offenders are drivers who are:

  • convicted of 2 drink driving offences within 10 years
  • convicted of driving when they were at 2.5 times or more above the legal alcohol limit
  • convicted for refusing to give the police a sample of breath, blood or urine to test for alcohol

According to the Government, last year approximately two fifths of drink drive convictions were classed as High Risk.
Drivers who have been disqualified and are classed as high risk are only allowed to drive if and when they have taken and passed the DVLA medical confirming they are no longer alcohol dependent and they have been issued with a driving licence by the DVLA.
All high risk offenders must pass a medical examination before they can be issued with a driving licence following their disqualification. However, previously drivers could start driving as soon as they had applied for their driving licence. The Government has said that evidence suggests that some high risk offenders delayed their medical in order to continue driving. The changes will prevent high risk offenders from driving until they have passed their medical examination and been granted a licence.
Also an additional change is that any person disqualified for failing, without reasonable excuse, to give permission for a laboratory test to be carried out on a specimen of blood taken whilst that person was incapable of consenting to the specimen being taken will be classed as a high risk offender.
For advice on transport law, contact Jared Dunbar at Dyne Solicitors on 01829 773 100.
Content is believed to be correct at time of writing.  Content written on 27 June 2013.

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