To appeal this driving ban?

[GaiusHelenMohiam]

Around ten years ago I was very ill, later diagnosed with bipolar, I attempted suicide more than once. I surrendered my driving license.

After about four years I was stable, right meds, right lifestyle, working and all going well. So I reapplied and got my license back. I’ve then had to reapply every year, always successfully.

While in the throes of my illness I struggled a fair bit with alcohol and asked my GP for help. I attended a group for a couple of months, and left the group with the coordinators blessing after a progress review, she said I wasn’t really suited to it as it was aimed at dependent drinkers whereas I was a binge drinker.

This means that I have to have a blood test for my license. It’s always a bit insulting because literally all the literature that comes with the appointment is aimed at High Risk Offenders who drink drive.

I’ve never changed my drinking habits before the test and have always had moderate results.

Anyway Covid delays have meant my reapplication took nearly a year this time (I’ve been allowed to drive while waiting) and I went for my blood test last month.

The results came this morning, again moderate. But the letter says as I have a ‘history of alcohol dependency’ I am banned from driving for a year and have to be abstinent for a year before I can reapply.

What the fuck? Does anyone know if this is worth appealing? I’m not and have never been alcohol dependent, I think there is a mistake in my medical records. I have had my license renewed every year for the past six with no issues at all and this is the first time ‘alcohol dependence’ has been mentioned. They’ve never said I need to be abstinent, just not in the red zone.

I’m kicking myself for not abstaining for a month before the test tbh. But it’s always been fine. I’m fucked without my car, I work more than full time and finish very late, no public transport.

Does anyone know what my chances are of appealing?

@CharacterForming

If the OP decides to play along and not to fight this then she'll be banned from both driving and drinking for a year. Regardless of whether or not her drinking is problematic, that's very harsh given that she's never driven under the influence and there's no reason to think she will.

There’s no harm in appealing, of course, but she’s already “played along” with a testing regime that treated her as criminal alcoholic for years. It would have helped her credibility if she had challenged all of this much sooner. But for some elusive reason she didn’t have a major problem with any of it until her licence was withdrawn.

@GaiusHelenMohiam

I have never and would never drive even after a glass of wine. I’m very anti drunk driving and won’t drive the morning after if I feel hungover.

So on the days after you “cracked open a bottle of wine a few (too many) times a week” are we to understand you didn’t drive to work?

I am kicking myself for not abstaining, I could have done.

I’m having a very shitty stressful time at work, think 60hr weeks and no staff. Some days the only thing that got me through a 16hr shift was the thought of a lovely cold glass of wine afterwards. I’m an idiot.

I’ve always felt aggrieved at having to do the test and did consider querying why I had to but because it’s never been an issue I’ve just trotted along for my yearly test (or two yearly as it was this time).

When I was drinking problematical I wasn’t working.

My life now is miles away from my life then.

*problematically

I remember reading or hearing that more drink drivers are caught the morning after than of a night with many of them being people who just had a wee dram or two the night before, it's worrying when you think about it.

OP has to reapply due to bipolar not alcohol FFS.

They’re testing alcohol markers. Do you imagine all bipolar patients get that treatment? “FFS”

@mummykel16 Completely agree with you. Especially before I really 100% understood about how long it took to clear your system. A heavy Saturday night out inc shots and drinking til 3am you probably shouldn't drive til about 3pm them following day. Even if you feel fine.

Anyway OP. I really don't understand the protein test they do on you so I'm no help. But I think 100% appeal. Is there anyone at work you could share a lift with? What is your work place like? Would it be at all possible to tell your boss that for medical reasons outside of your control your licence has been suspended, but you are appealing it. They may be able to change your shift so you could use public transport (if that is a possibility)

@GaiusHelenMohiam

When I was drinking problematical I wasn’t working.

My life now is miles away from my life then.

Perhaps the tests are to check there is no return to those times. Doesn't look great if alcohol consistently shows up

@GaiusHelenMohiam

I am kicking myself for not abstaining, I could have done.

I’m having a very shitty stressful time at work, think 60hr weeks and no staff. Some days the only thing that got me through a 16hr shift was the thought of a lovely cold glass of wine afterwards. I’m an idiot.

I’ve always felt aggrieved at having to do the test and did consider querying why I had to but because it’s never been an issue I’ve just trotted along for my yearly test (or two yearly as it was this time).

Well if you appeal, you’re going to have to address why you didn’t query it earlier, because that’s a glaring hole in your case.

Secondly, you’ll massively help your case if you just go fraternal now. Then any future testing will be much improved. Is there a problem with just abstaining long term?

I don’t know where “fraternal” popped up from. I thought I typed “teetotal”. 😏

@ThymePoultice

OP has to reapply due to bipolar not alcohol FFS.

They’re testing alcohol markers. Do you imagine all bipolar patients get that treatment? “FFS”

I doubt it, but OP does have to reapply due to her history of bipolar. Not alcohol.

I hate the way alcohol problems are dealt with. If you ask for help you basically just get a red mark against your name, thats it. NHS pretend to help but all the time just looking to discharge you. But at the same time unless you're literally drinking hard spirits as soon as you wake up you're not a big enough problem for them. It's disgusting and killing more and more people every year.

Do you all think that OP having her license withdrawn and potentially losing her job will help her alcohol situation?

Definitely appeal and I'd look at engaging a good solicitor to stop you from having to reapply every year.

@mummykel16 Are you seriously suggesting that no one who needs to drive should ever drink, just in case the DVLA gets hold of some incorrect information and thinks they're an alcoholic?

When I had a really stressful job I used to binge drink, I.e. drink a couple of beers and a whole bottle of wine on a Friday night, never when I had to drive the next day. Eventually I stopped doing that. I didn't have an alcohol problem and I was never a risk to anyone on the roads, I was just someone coping with stress in a way that wasn't particularly healthy. I think this is very normal, and not grounds for being treated like an actual alcoholic.

I doubt it, but OP does have to reapply due to her history of bipolar. Not alcohol.

That’s neither here nor there.

The issues causing the problem are alcohol related - the CDT blood test and an apparent note on her medical records saying she was alcohol dependent.

That’s what she needs to address.

Do you all think that OP having her license withdrawn and potentially losing her job will help her alcohol situation?

I’m trying to thing of the polite way to ask you what you’re dribbling on about @VapeVamp12 but I doubt you’re reading the meaning of any actual words.

She wants to appeal the revocation of her licence.

The revocation was due to alcohol related points.

That’s what the conversation is about.

Is it a CDT test? If so, what was your result? It should be a percentage.

2.2

@HereComesTheSum

Why don't you focus your efforts on stopping drinking completely instead of fighting the technicalities of a ban. Having lost a relative to a drink driver I'm happy they're so cautious with this sort of thing to be honest.

Absolutely right. A fine young man , 21, was killed by a binge drinking woman who fled the scene, leaving the young man to die alone.

Inexcusable.
Any form of drink/ drug driving is wrong.

Drunk drivers kill innocents .

The young man killed was driving a scooter on the correct side of the road.

The drunk driver showed zero remorse.

@GaiusHelenMohiam I’m reading different estimates on Google that the test indicates alcohol consumption going back over 7-14 days or up to four weeks. It’s not all that long. Doing without for four weeks at a time is a good discipline anyway.

Consider it.

Also, if you do appeal, it might be worth have a friendly chat with your GP about what’s in your medical notes first. Forewarned is forearmed.

Sorry, 2.3.

I’ve just checked my last results and they were 2.1.

So it might be that those extra .2 points have fucked me.

What a dick.

I would definitely appeal this, OP.

I wonder if anyone on the legal matters board might be able to help.

@GaiusHelenMohiam

I’ve never been told to abstain before the test. I obviously would have done if I knew.

There are four result levels, no alcohol, minimal, moderate and severe. And the literature I got beforehand said that only severe would be a problem.

Well clearly you are drinking enough before the test to get a moderate results.

I assume the test is the next day so of its still showing moderate after your evening wine then I'd say that's heading towards being problem drinking if not already a problem.

@GaiusHelenMohiam

Sorry, 2.3.

Whether it's classed as historical dependence or misuse (you seem to agree with the latter), then both are outside the accepted ranges.

The point of the CDT test is that it looks at longer term alcohol intake, not just what you might have had last night. I can't see how you could successfully appeal it, especially when your last result was borderline.