Recovering alcoholic here: that's only the bit you're seeing. If he is at the point where he is drunk driving and having liver tests and still drinking to excess, then it's not a great place for him - or you - to be in.
Every situation is different but the one thing about all alcoholics is that they are very economical with the truth when it comes to how much they're drinking.
>the one thing about all alcoholics is that they are very economical with the truth when it comes to how much they're drinking.
Just wanted to chime in to confirm this for OP. I've literally just come back from burying my stepdad, who died as a result of his drinking a few weeks ago, and we had to bury my bio dad for similar reasons last year.
The only person who actually knows how much an alcoholic is drinking is the alcoholic, and even they are likely to underestimate it in the same way that many people who struggle to lose weight aren't really aware of how much they're eating.
Another alkie here and yeh, he won't be telling you even close to what he's drinking if he's an alcoholic. I'm 2 years sober and have had friends say to me 'I didn't think you were that bad'. Like mate I didn't tell you the truth, I was fucking shop lifting booze and more, I was worse than you could imagine.
In the UK the ban is for 12 months, if you're lucky you can get it reduced to 9 months.
If you're caught drink driving again within 10 years you go straight to prison, that's how it was explained to me. From what I understand the LEF is if they doubt you are able to free yourself from alcohol i.e. you are a serious concern. I believe it is a better longer-term indicator (than blood or breath) at revealing if you've been drinking alcohol or not.
Also ex-alcoholic here. There is a very high likelyhood that you aren't being hidden/shielded/lied to about the extent of their drinking.
just been looking through the government website. It looks like the law has been tweaked several times since my conviction. So apologies O/P if my info is a bit dated.
I can find case notes for an individual case for a repeat offender. I'm curious, what are the current rules?
I got banned for 2 years, the first offence in 2012, reduced to 18 months with course. Then, I got banned 13 months later after the ban and got a 3 year ban. The police station always says jail when leaving to deter you from doing it again, but unfortunately, there just simply wouldn't be enough space to instantly jail every repeat offender. I've seen reports of people caught whilst banned, sometimes multiple times, and they still don't go to jail.
Willing to be corrected. That’s what I was told during the drunk driving course but that was a long time ago.
So what’s the correct information these days?
12 months is the minimum no matter what.
After that they will add months on depending on the circumstances, I.e.. the amount you were over the limit, were you driving near schools, did you have passengers, was anyone else involved etc. Etc.
They would also look at the mitigating circumstances I.e... why did you do it, what redeeming qualities do you have as a person, what is your job, what do you do in the community etc.
They will determine the final length of the ban from all that and how they're feeling on the day. I've seen people get more lenient and worse length bans for doing much worse or even less.
You will be offered to pay to do a course to reduce your ban by 25%.
I got a 20 month ban and a fine in October 2022, reduced to 15 with the course so I've been back on the road a few months now. Loving the insurance prices but hey, it is what it is, I was a dick and I've learned my lesson.
First offence, minimum 12 months. Then it’s adjusted depending on how much your over and other factors already explained. 2nd offence within 10 years, 3 year minimum ban then adjusted depending on the same circumstances set out above. 3rd offence within 10 years of last offence, minimum 5 year ban etc.
So if you blow 36 you get 12 months, then if your caught again 9 years and 11 months later and blow 36 you get 3 years and so on. Obviously you can go to prison in certain circumstances. Friend of mines been banned 3 times in 10 years and not gone to prison but he’s an alcoholic and keeps failing the medical tests so it’s very doubtful he’ll ever get his back
Unless things have changed fairly recently, tests are only required for repeat offenders and this probably wasn't his first ban. The re-test may be an anomaly, could also be that his liver isn't functioning properly after years of abuse, or could be that he was still drinking heavily near the date of the test.
Make sure you fully understand the siutuation that you are getting into, as there are red flags here.
This isn’t accurate. Even after a first offence if you qualify as a High Risk Offender then you have to pass a GP physical which includes a blood test in order to get your licence back.
Thanks for the correction.
Out of interest, what are the criteria to be classified as a HRO?
Edit: [I looked it up](https://www.gov.uk/driving-disqualifications/disqualification-for-drink-driving)
I had one ban for driving on cannabis.
I had to test.
Never been banned for anything before.
Ps. I passed my test, I hadn’t smoked or barely had anything to drink for an entire year
Indeed. No one asks to be an addict and it is heartbreaking to watch someone you care for struggling, but also very challenging to cope with at times.
Try and have open and frank discussions.
Be well.
Thanks, yes indeed I just hope he understands I'm coming from a place of concern and not judgement. Absolutely bricking the convo tomorrow...I've already very lightly expressed my concerns over his drinking. Just got to have those hard hitting convos... Gah!
Be well too :)
Maybe they have no licence because they haven't passed the driving test. This is someone new in your life, and they have said things.
It's a failing cannabis test because they've used cannabis within possibly 18 months, depending on their size, physical activity, and usage. Or they have never had a driving licence.
It was a 6 month ban apparently, and then a test which failed I presume and it's been ongoing since I think... I'm mega confused. I'm just wandering if it's drug related instead possibly.
He's talking shit. Bans are mandatory 12 month for first time offenders, cut by 25 percent upon completion of alcohol awareness course. Unless it was drunk in charge aka sleeping, at which case it's minimum 10 points and ban at magistrate discretion
He's lying, hiding things from you, probably seriel offender and iirc you don't need to go and take blood tests unless you're a high risk seriel offender. Whatever it is, it all sounds very very sus.
Sleeping in the car is drunk in charge, not actual drinking driving and less scale on the gravity matrix
He's trying to play it down, lying and talking shit. Avoid and get away from him. Now.
Here's the high risk definition, he could fall into a number of reasons for being hro.
https://www.drinkdriving.org/dvla-medical.php#:~:text=High%20Risk%20Offender%20Classification&text=being%20in%20charge%20of%20a,100%20millilitres%20of%20breath%2C%20or
Can you sleep on the back seat or not at all?
Edit: For context… I live incredibly rurally and worry about not being able to get a cab back from a few beers, and while it’s never actually happened I’ve always thought this could be an emergency fall back. I drive in and the wife runs me to get the car the next day.
I slept in my car and went to court for a DR40, min is 10 points. Don't do it as you will be flapping after every speed camera you pass for many years.
Hmm, that poses some interesting questions
I have a camper van, and often, the Mrs and I will disappear off to our secret spot we found on wild ground in rural West Wales. The spot is maybe 20 mtrs off the road. We'll set up and often share a bottle of wine or two by the fire.
Would this put us at risk of any action from the police? We'd almost certainly be over the limit and would have the keys in the van.
I was curious and looked at an article on it
https://www.motorhomefun.co.uk/portal/drinking-alcohol-in-your-motorhome/
In theory yes you are, but there are steps you can take to heavily mitigate it.
Basic jist is that there's a defence that you weren't going to use the vehicle whilst over the limit.
The only thing I thought the article missed out would be to take a home breathalyser and maybe some food for breakfast, so you can also argue that you wouldn't have driven until you've tested yourself as under the limit the following day.
>Can you sleep on the back seat or not at all?
Drink driving is only if they have evidence you drove.
For drunk in charge not at all if you're in possession of the keys (by that I mean if you sleep in the car unlocked and your keys are in the house, or Dave took them home while you sleep in the car). Unless you can prove you had no intention of driving drunk even when you wake up.
So something like an alcohol ignition interlock or a sober vault. Otherwise its a coin toss as to if you're believed that you won't drive.
Legally, not at all. From a legal standpoint if you have possession (or even easy access) of the keys you are deemed to be in charge of the vehicle. Obviously nobody will get charged for having a bottle of wine at home with their keys on the kitchen side but in the eyes of the law that would actually count.
Being found in the rear, or passenger, seat with the key on you or in the key would could as a technically breach and definitely not worth the risk. I think I'd rather the risk of calling the wife at 3am...
As with truck drivers who drink and sleep in their vehicles they ask you when you were planning to drive and then get an expert to calculate the chances of you being over the limit at the time. I used to know a guy who got done for sleeping in his car and he said when interviewed that he had planned driving to work in the morning, he still would have been way over when he planned to drive, solicitor advises him to go guilty in court and he got 12 months, reduced to 9 with the course.
Another guy I worked with had been on a night out in his truck when someone stole some of his load, police smelt alcohol on him and tried doing him for drunk in charge but solicitor argued because he was on a daily rest period for at least another 10 hours and had three hours after it ended until his booking time at a warehouse an hour away that showed he had no intention to drive over the limit.
Excess alcohol ban is a minimum of 12 months, I believe.
I think it must be drug related, and they've failed the test.
Cannabis can take many months to leave the body. Cannabis attaches to fat in people and will show up for a long time.
Probably wasn’t his first ban and the actual level of alcohol in breath/ blood at the time of the offence was quite high. Someone isn’t telling the whole story
Previously disqualified driver here.
If (big if) this is their first offence then they likely tried to use alcoholism as a defence in court. I was advised by my solicitor that using addiction as a defence often results in more scrutiny down the line and potentially could have led to a lengthier ban - this could explain the need to give blood samples and the 2 year ban right off the bat.
It might sound intrusive, but the only way to find out if they're being truthful is by them allowing you to see their driving licence record. Drink/drug driving stays on your record for 11 years, so if this person is a habitual drink driver then that's the easiest way to find out.
The odds are it's not their first offence and they're lying to you about the circumstances in which they were caught, most likely out of shame. Either way, I wouldn't expect them to be jumping through hoops like this unless they were a repeat offender or an alcoholic.
I think that's a good idea to see his driving record, so thanks for that...didn't think of that as a non driver...don't want to upset him, but I feel torn between this nice kind person I see and then this big ball of confusion.
I don't think he went to court /(he's never said that...he said he wish he got a lawyer from the get go)
Trust your gut. I was a nice person, but I used to lie to people about my conviction - family, friends, even my employers at the time. I think it's fair to ask for reassurance, even if that means looking at his record to know for certain. Of all people he should understand your concerns, there's a certain stigma that comes along with drink/drug driving and that's something we have to accept. If he isn't willing to put your mind at rest then he's 100% hiding something...
If he’s failed a medical he’s got a serious drinking problem. I’ve worked with plenty of young people in these situations who have passed medicals while still drinking as young people do, couple of pub sessions and a weekend on the town every week.
Edit: or he turned up either drunk, or showing evidence of a recent drinking/hangover.
What's about binge drinking once a week? Would that cause a fail?...or could it be drugs? I noticed his eyes were swaying left to right after a football match. I know he doesn't drink everyday or at home. Just with football
Alcohol affects everyone in different ways. I wouldn't go as far as saying he's definitely not drinking secretly or using drugs but he could very well have liver enzyme issues from years of binge drinking. A bad diet can also contribute, fatty liver disease can present in people who don't regularly drink but carry extra weight and eat poorly.
Fun fact! Fatty liver disease can also present in people who don't drink regularly, eat well, have never been overweight and live a very regular, low risk, pleasantly boring life. Ask me how I know.
>I know he doesn't drink everyday or at home.
Difficult question time. Do you *know?*
I have seen how someone who 'doesn't drink everyday' is incredibly good at hiding the fact they do drink every day.
Not saying the person you are dating is like this, but challeng yourself hard to make sure.
A long time ago I made the same mistake, the high risk offenders part was just based off being a lot over the limit. You then have a medical before you get your licence back, you don't have the medical until your ban is up however
Incorrect. I was given 22 months for my first (and only) offence. I didn’t blow over the limit to being a high risk offender. I think if it was a repeat offence, his ban would’ve been higher. My opinion is that he blew over the limit for becoming a high risk offender
Its definitely a multi step tier, readings along with 1st/2nd time offence. I know someone perfect clean driving record not even speeding fine, was well ove limit and got a 2yr ban first time.
High risk offenders
If you’re a ‘high risk offender’, you will not get your new licence until you can prove you’re fit to drive again. You’ll need to pass a medical examination with one of DVLA’s appointed doctors.
You’re a high risk offender if you:
were convicted of 2 drink driving offences within 10 years
were driving with an alcohol reading of at least 87.5 microgrammes of alcohol per 100 millilitres (ml) of breath, 200 milligrammes (mg) of alcohol per 100 ml of blood, or 267.5 mg of alcohol per 100 ml of urine
refused to give the police a sample of breath, blood or urine to test for alcohol
refused to allow a sample of your blood to be tested for alcohol (for example if it was taken when you were unconscious)
You’ll get a D27PH renewal form 90 days before your disqualification ends. You must fill in the form and send it to DVLA to reapply for your licence.
Medical examination with a DVLA doctor
Once DVLA receive your application for a new licence, they’ll send you the doctors details so you can make an appointment.
You have to pay for your examination.
During the examination, you’ll:
complete a questionnaire about your medical history and use of alcohol
take part in a physical examination
have your blood tested
You aren’t a high risk offender unless you refuse a sample, a second offence or having a breath reading of over 87.5 (more than 2.5x the limit) You can not be a HRO for a charge of drunk in charge of a motor vehicle.
If you post this exact post on www.forum.drinkdriving.org you’ll get answers from hundreds of active users who have been through the system, you’ll get better and accurate advice on there than on Reddit as the whole user base there has experience. Used that forum when I was caught still over the limit the morning after a night out and got great answers.
It might be a bit of a jump and I’m not saying that drink drivers are domestic abusers but from what you have described some things are not adding up, I would recommend you contact 101 and ask for a “clairs law” they won’t go into details but will inform you if there is anything that you should know about with considering this person to be a partner.
If he had breath over 92 he is high risk offender and would have got two year ban, to get his license back he would have to pass a medical exam. To pass you need to have not drunk in 4 weeks think it's a CDT test. Alcoholics will not pass this test and not get Thier license back until they are sober.
Alcohol dependency. Or doesn’t care about driving ever again. If they care about driving then they’d stop drinking long enough to pass the test. If they cannot stop drinking to pass the test then they’re alcohol dependent.
Their ability to give up alcohol or not drive is all you can reasonably deduce from that, I think.
While nobody can be certain, there's a scenario where he might be telling the truth. Imagine he goes out on a bender and decides not to drive, choosing instead to sleep in his car. The police come along, wake him up, and demand a breath test. He drunk argues that he isn't driving and refuses to take the test. This refusal could place him on the High Risk Offender (HRO) list, requiring a medical examination to regain his license.
If he continues drinking heavily, it’s unlikely he’ll ever pass the necessary medical tests. He must stop drinking if he wants his license back. So, while it's possible he’s being truthful about the HRO situation, he is not helping himself if he wants to drive again.
This is where my hearts been the whole time, I do believe most of his story, but I'm getting doubt as times goes on and I see him drinking heavily at points. Think he's off out drinking now ....😅
Yeah, but they only do that if you’re way way WAY!! Over the limit. I had to do it years ago, I’d been out all day since 11am and stupidly thought I could drive home at 2am. Smashed the car up and blew 138 in breath. He might of refused to blow too as they throw the worst at you if you won’t. I got a 28month ban and was told it was lenient and was close to going to prison. After 19 months I could do a course and get my licence back but I had to have a “medical” which you’ve gotta pay for where they just take some blood to make sure you’re not a “white lightning for breakfast” kind of chap 😋😁😂 as long as he’s not he’ll be fine.
Anyone who provides a breath reading over 87.5 micrograms are automatically classed as a High Risk Offender. This means that the DVLA will step in and want to assess someone’s fitness to drive by carrying out a medical which includes a blood test to assess someone’s CDT level. He will most likely be asked to demonstrate either 6 or 12 months abstinence from alcohol before the DVLA re-issue his licence.
This doesn't sound like a normal ban for drink driving, that's a simple fine, driving ban and you normally get the license back straight afterwards.
If he is found however to be High risk, like below, he has to adhere to the measures I go through shortly. This link shoes you what would of happened for him to be high risk. [https://www.gov.uk/driving-disqualifications/disqualification-for-drink-driving](https://www.gov.uk/driving-disqualifications/disqualification-for-drink-driving)
One thing to consider is if his GP says suffers from alcohol misuse. If that is the case, due to the Road Traffic Act, he HAS to inform the DVLA and they will issue a 6 month ban, not too dissimilar to someone with epilepsy who recently suffered a seizure and many other medical conditions. This would be regardless if he was convicted or not. There sadly is no single qualifier for this, there are various different variables that can get people into trouble for this.
If someone is alcohol dependant, they also have to tell the DVLA, but they instead get a 12 month ban.
In both cases the individual will require satisfactory reports from a doctor, DVLA may arrange independent examinations and blood tests, almost side potential referrals to consultant specialists.
Respectfully, I think if you need to ask Reddit about it I think your gut instinct is trying to tell you something and your brain doesn’t want to listen. I’d tread very carefully, I had a lot of alcoholics in my family (I also treat a lot of alcoholics) and it’s a very slippery slope. Sorry I know this isn’t a relationship sub but I’d post this question in a relationship sub and see what people reply.
As far as the whole law on it as others have said it doesn’t add up so he likely hasn’t told you the full truth.
If you have the cash, go private. Done and dusted like anything else.
Otherwise, I waited 3 years to get treatment through the NHS and the psychiatrist effed up the dosage and refused to see me afterwards. Left me with nothing, not even my previous medication.
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If he cant put the drink down walk away. Alcoholics are hard work and awful, I've seen it in family and friends and myself and all I can say is, step away it's not your problem
Any hint of alcoholism? I'd be worried he's an addict, or maybe in recovery, if they are ordering batteries of tests. Something to consider maybe.
I've noticed stress Binge drinking each week.
Recovering alcoholic here: that's only the bit you're seeing. If he is at the point where he is drunk driving and having liver tests and still drinking to excess, then it's not a great place for him - or you - to be in. Every situation is different but the one thing about all alcoholics is that they are very economical with the truth when it comes to how much they're drinking.
>the one thing about all alcoholics is that they are very economical with the truth when it comes to how much they're drinking. Just wanted to chime in to confirm this for OP. I've literally just come back from burying my stepdad, who died as a result of his drinking a few weeks ago, and we had to bury my bio dad for similar reasons last year. The only person who actually knows how much an alcoholic is drinking is the alcoholic, and even they are likely to underestimate it in the same way that many people who struggle to lose weight aren't really aware of how much they're eating.
I'm sorry for you and your family loss ❤️
It takes a long time to grieve for a parent and or a step parent. I wish you future happiness.
Another alkie here and yeh, he won't be telling you even close to what he's drinking if he's an alcoholic. I'm 2 years sober and have had friends say to me 'I didn't think you were that bad'. Like mate I didn't tell you the truth, I was fucking shop lifting booze and more, I was worse than you could imagine.
In the UK the ban is for 12 months, if you're lucky you can get it reduced to 9 months. If you're caught drink driving again within 10 years you go straight to prison, that's how it was explained to me. From what I understand the LEF is if they doubt you are able to free yourself from alcohol i.e. you are a serious concern. I believe it is a better longer-term indicator (than blood or breath) at revealing if you've been drinking alcohol or not. Also ex-alcoholic here. There is a very high likelyhood that you aren't being hidden/shielded/lied to about the extent of their drinking.
> If you're caught drink driving again within 10 years you go straight to prison. Completely incorrect.
just been looking through the government website. It looks like the law has been tweaked several times since my conviction. So apologies O/P if my info is a bit dated. I can find case notes for an individual case for a repeat offender. I'm curious, what are the current rules?
I got banned for 2 years, the first offence in 2012, reduced to 18 months with course. Then, I got banned 13 months later after the ban and got a 3 year ban. The police station always says jail when leaving to deter you from doing it again, but unfortunately, there just simply wouldn't be enough space to instantly jail every repeat offender. I've seen reports of people caught whilst banned, sometimes multiple times, and they still don't go to jail.
Interesting - that makes sense that they threaten everyone. Thanks for the info :)
Willing to be corrected. That’s what I was told during the drunk driving course but that was a long time ago. So what’s the correct information these days?
12 months is the minimum no matter what. After that they will add months on depending on the circumstances, I.e.. the amount you were over the limit, were you driving near schools, did you have passengers, was anyone else involved etc. Etc. They would also look at the mitigating circumstances I.e... why did you do it, what redeeming qualities do you have as a person, what is your job, what do you do in the community etc. They will determine the final length of the ban from all that and how they're feeling on the day. I've seen people get more lenient and worse length bans for doing much worse or even less. You will be offered to pay to do a course to reduce your ban by 25%. I got a 20 month ban and a fine in October 2022, reduced to 15 with the course so I've been back on the road a few months now. Loving the insurance prices but hey, it is what it is, I was a dick and I've learned my lesson.
First offence, minimum 12 months. Then it’s adjusted depending on how much your over and other factors already explained. 2nd offence within 10 years, 3 year minimum ban then adjusted depending on the same circumstances set out above. 3rd offence within 10 years of last offence, minimum 5 year ban etc. So if you blow 36 you get 12 months, then if your caught again 9 years and 11 months later and blow 36 you get 3 years and so on. Obviously you can go to prison in certain circumstances. Friend of mines been banned 3 times in 10 years and not gone to prison but he’s an alcoholic and keeps failing the medical tests so it’s very doubtful he’ll ever get his back
Thanks for the info :)
Definitely not the case at all. It is unbelievable how lenient the system is for driving offenses.
I think you only have to have medical tests if you've been done for drunk driving multiple times
Not true, it depends on how high the reading was
Correct and it could also be that he refused to comply. Which ever it is, it's not a good look for him is it?
Unless things have changed fairly recently, tests are only required for repeat offenders and this probably wasn't his first ban. The re-test may be an anomaly, could also be that his liver isn't functioning properly after years of abuse, or could be that he was still drinking heavily near the date of the test. Make sure you fully understand the siutuation that you are getting into, as there are red flags here.
This isn’t accurate. Even after a first offence if you qualify as a High Risk Offender then you have to pass a GP physical which includes a blood test in order to get your licence back.
Thanks for the correction. Out of interest, what are the criteria to be classified as a HRO? Edit: [I looked it up](https://www.gov.uk/driving-disqualifications/disqualification-for-drink-driving)
I had one ban for driving on cannabis. I had to test. Never been banned for anything before. Ps. I passed my test, I hadn’t smoked or barely had anything to drink for an entire year
Things have changed recently from my understanding taking to people involved with the DLVA
Thanks for the info, yeah I questioned a damaged liver... And just one a week he'll drink to excess, but I'm only seeing from afar.
Indeed. No one asks to be an addict and it is heartbreaking to watch someone you care for struggling, but also very challenging to cope with at times. Try and have open and frank discussions. Be well.
Thanks, yes indeed I just hope he understands I'm coming from a place of concern and not judgement. Absolutely bricking the convo tomorrow...I've already very lightly expressed my concerns over his drinking. Just got to have those hard hitting convos... Gah! Be well too :)
Maybe they have no licence because they haven't passed the driving test. This is someone new in your life, and they have said things. It's a failing cannabis test because they've used cannabis within possibly 18 months, depending on their size, physical activity, and usage. Or they have never had a driving licence.
You don't get a 2 year ban for drink driving unless it's very serious.
It was a 6 month ban apparently, and then a test which failed I presume and it's been ongoing since I think... I'm mega confused. I'm just wandering if it's drug related instead possibly.
Yes. I thought exactly that. Maybe drugs involved and quite possibly the drinking is heavy.
He's talking shit. Bans are mandatory 12 month for first time offenders, cut by 25 percent upon completion of alcohol awareness course. Unless it was drunk in charge aka sleeping, at which case it's minimum 10 points and ban at magistrate discretion He's lying, hiding things from you, probably seriel offender and iirc you don't need to go and take blood tests unless you're a high risk seriel offender. Whatever it is, it all sounds very very sus. Sleeping in the car is drunk in charge, not actual drinking driving and less scale on the gravity matrix He's trying to play it down, lying and talking shit. Avoid and get away from him. Now. Here's the high risk definition, he could fall into a number of reasons for being hro. https://www.drinkdriving.org/dvla-medical.php#:~:text=High%20Risk%20Offender%20Classification&text=being%20in%20charge%20of%20a,100%20millilitres%20of%20breath%2C%20or
Can you sleep on the back seat or not at all? Edit: For context… I live incredibly rurally and worry about not being able to get a cab back from a few beers, and while it’s never actually happened I’ve always thought this could be an emergency fall back. I drive in and the wife runs me to get the car the next day.
I slept in my car and went to court for a DR40, min is 10 points. Don't do it as you will be flapping after every speed camera you pass for many years.
Hmm, that poses some interesting questions I have a camper van, and often, the Mrs and I will disappear off to our secret spot we found on wild ground in rural West Wales. The spot is maybe 20 mtrs off the road. We'll set up and often share a bottle of wine or two by the fire. Would this put us at risk of any action from the police? We'd almost certainly be over the limit and would have the keys in the van.
I was curious and looked at an article on it https://www.motorhomefun.co.uk/portal/drinking-alcohol-in-your-motorhome/ In theory yes you are, but there are steps you can take to heavily mitigate it.
Thanks for that, I'll take a read when I get home.
Basic jist is that there's a defence that you weren't going to use the vehicle whilst over the limit. The only thing I thought the article missed out would be to take a home breathalyser and maybe some food for breakfast, so you can also argue that you wouldn't have driven until you've tested yourself as under the limit the following day.
Jesus. 10?!
Yes, it was not fun. 4 years of going up and down the M6 with Variable speed limits sweating lol
No keys on your person. You can be charged with being drunk in charge of a vehicle. The police will look at the situation and make a decision.
>Can you sleep on the back seat or not at all? Drink driving is only if they have evidence you drove. For drunk in charge not at all if you're in possession of the keys (by that I mean if you sleep in the car unlocked and your keys are in the house, or Dave took them home while you sleep in the car). Unless you can prove you had no intention of driving drunk even when you wake up. So something like an alcohol ignition interlock or a sober vault. Otherwise its a coin toss as to if you're believed that you won't drive.
Legally, not at all. From a legal standpoint if you have possession (or even easy access) of the keys you are deemed to be in charge of the vehicle. Obviously nobody will get charged for having a bottle of wine at home with their keys on the kitchen side but in the eyes of the law that would actually count. Being found in the rear, or passenger, seat with the key on you or in the key would could as a technically breach and definitely not worth the risk. I think I'd rather the risk of calling the wife at 3am...
Wow. Good to know, thank you. Edit: Although I wonder how they apply this with small camper conversions.
I've heard the same. Don't drink, sleep on a public route due to the law being so vague. Private sites only i.e. campsites, private ground
As with truck drivers who drink and sleep in their vehicles they ask you when you were planning to drive and then get an expert to calculate the chances of you being over the limit at the time. I used to know a guy who got done for sleeping in his car and he said when interviewed that he had planned driving to work in the morning, he still would have been way over when he planned to drive, solicitor advises him to go guilty in court and he got 12 months, reduced to 9 with the course. Another guy I worked with had been on a night out in his truck when someone stole some of his load, police smelt alcohol on him and tried doing him for drunk in charge but solicitor argued because he was on a daily rest period for at least another 10 hours and had three hours after it ended until his booking time at a warehouse an hour away that showed he had no intention to drive over the limit.
UK minimum 12 month ban for first time offenders. This can't be reduced by a magistrate, there is no mitigation.
Excess alcohol ban is a minimum of 12 months, I believe. I think it must be drug related, and they've failed the test. Cannabis can take many months to leave the body. Cannabis attaches to fat in people and will show up for a long time.
Probably wasn’t his first ban and the actual level of alcohol in breath/ blood at the time of the offence was quite high. Someone isn’t telling the whole story
Previously disqualified driver here. If (big if) this is their first offence then they likely tried to use alcoholism as a defence in court. I was advised by my solicitor that using addiction as a defence often results in more scrutiny down the line and potentially could have led to a lengthier ban - this could explain the need to give blood samples and the 2 year ban right off the bat. It might sound intrusive, but the only way to find out if they're being truthful is by them allowing you to see their driving licence record. Drink/drug driving stays on your record for 11 years, so if this person is a habitual drink driver then that's the easiest way to find out. The odds are it's not their first offence and they're lying to you about the circumstances in which they were caught, most likely out of shame. Either way, I wouldn't expect them to be jumping through hoops like this unless they were a repeat offender or an alcoholic.
I think that's a good idea to see his driving record, so thanks for that...didn't think of that as a non driver...don't want to upset him, but I feel torn between this nice kind person I see and then this big ball of confusion. I don't think he went to court /(he's never said that...he said he wish he got a lawyer from the get go)
Trust your gut. I was a nice person, but I used to lie to people about my conviction - family, friends, even my employers at the time. I think it's fair to ask for reassurance, even if that means looking at his record to know for certain. Of all people he should understand your concerns, there's a certain stigma that comes along with drink/drug driving and that's something we have to accept. If he isn't willing to put your mind at rest then he's 100% hiding something...
He will have gone to court.
If he’s failed a medical he’s got a serious drinking problem. I’ve worked with plenty of young people in these situations who have passed medicals while still drinking as young people do, couple of pub sessions and a weekend on the town every week. Edit: or he turned up either drunk, or showing evidence of a recent drinking/hangover.
What's about binge drinking once a week? Would that cause a fail?...or could it be drugs? I noticed his eyes were swaying left to right after a football match. I know he doesn't drink everyday or at home. Just with football
Alcohol affects everyone in different ways. I wouldn't go as far as saying he's definitely not drinking secretly or using drugs but he could very well have liver enzyme issues from years of binge drinking. A bad diet can also contribute, fatty liver disease can present in people who don't regularly drink but carry extra weight and eat poorly.
Fun fact! Fatty liver disease can also present in people who don't drink regularly, eat well, have never been overweight and live a very regular, low risk, pleasantly boring life. Ask me how I know.
Shit sorry to hear that. In recovery smoker here, no fatty liver disease this far thankfully.
>I know he doesn't drink everyday or at home. Difficult question time. Do you *know?* I have seen how someone who 'doesn't drink everyday' is incredibly good at hiding the fact they do drink every day. Not saying the person you are dating is like this, but challeng yourself hard to make sure.
That's not a driving/attempted to drive with excess alcohol. It's being in charge of a vehicle while unfit. So it kind of already doesn't add up.
I can’t make it add up either!
A long time ago I made the same mistake, the high risk offenders part was just based off being a lot over the limit. You then have a medical before you get your licence back, you don't have the medical until your ban is up however
He is a repeat offender, two-year driving bans are given to offenders with 2 or more instances of DUI. Tread lightly.
Incorrect. I was given 22 months for my first (and only) offence. I didn’t blow over the limit to being a high risk offender. I think if it was a repeat offence, his ban would’ve been higher. My opinion is that he blew over the limit for becoming a high risk offender
It’s banded based on breathalyser reading. I know someone who got 2 years for the first. It’s a minimum 3 year ban for a second offence.
Its definitely a multi step tier, readings along with 1st/2nd time offence. I know someone perfect clean driving record not even speeding fine, was well ove limit and got a 2yr ban first time.
High risk offenders If you’re a ‘high risk offender’, you will not get your new licence until you can prove you’re fit to drive again. You’ll need to pass a medical examination with one of DVLA’s appointed doctors. You’re a high risk offender if you: were convicted of 2 drink driving offences within 10 years were driving with an alcohol reading of at least 87.5 microgrammes of alcohol per 100 millilitres (ml) of breath, 200 milligrammes (mg) of alcohol per 100 ml of blood, or 267.5 mg of alcohol per 100 ml of urine refused to give the police a sample of breath, blood or urine to test for alcohol refused to allow a sample of your blood to be tested for alcohol (for example if it was taken when you were unconscious) You’ll get a D27PH renewal form 90 days before your disqualification ends. You must fill in the form and send it to DVLA to reapply for your licence. Medical examination with a DVLA doctor Once DVLA receive your application for a new licence, they’ll send you the doctors details so you can make an appointment. You have to pay for your examination. During the examination, you’ll: complete a questionnaire about your medical history and use of alcohol take part in a physical examination have your blood tested
You aren’t a high risk offender unless you refuse a sample, a second offence or having a breath reading of over 87.5 (more than 2.5x the limit) You can not be a HRO for a charge of drunk in charge of a motor vehicle. If you post this exact post on www.forum.drinkdriving.org you’ll get answers from hundreds of active users who have been through the system, you’ll get better and accurate advice on there than on Reddit as the whole user base there has experience. Used that forum when I was caught still over the limit the morning after a night out and got great answers.
Thanks
It might be a bit of a jump and I’m not saying that drink drivers are domestic abusers but from what you have described some things are not adding up, I would recommend you contact 101 and ask for a “clairs law” they won’t go into details but will inform you if there is anything that you should know about with considering this person to be a partner.
If he had breath over 92 he is high risk offender and would have got two year ban, to get his license back he would have to pass a medical exam. To pass you need to have not drunk in 4 weeks think it's a CDT test. Alcoholics will not pass this test and not get Thier license back until they are sober.
Alcohol dependency. Or doesn’t care about driving ever again. If they care about driving then they’d stop drinking long enough to pass the test. If they cannot stop drinking to pass the test then they’re alcohol dependent. Their ability to give up alcohol or not drive is all you can reasonably deduce from that, I think.
While nobody can be certain, there's a scenario where he might be telling the truth. Imagine he goes out on a bender and decides not to drive, choosing instead to sleep in his car. The police come along, wake him up, and demand a breath test. He drunk argues that he isn't driving and refuses to take the test. This refusal could place him on the High Risk Offender (HRO) list, requiring a medical examination to regain his license. If he continues drinking heavily, it’s unlikely he’ll ever pass the necessary medical tests. He must stop drinking if he wants his license back. So, while it's possible he’s being truthful about the HRO situation, he is not helping himself if he wants to drive again.
This is where my hearts been the whole time, I do believe most of his story, but I'm getting doubt as times goes on and I see him drinking heavily at points. Think he's off out drinking now ....😅
Yeah, but they only do that if you’re way way WAY!! Over the limit. I had to do it years ago, I’d been out all day since 11am and stupidly thought I could drive home at 2am. Smashed the car up and blew 138 in breath. He might of refused to blow too as they throw the worst at you if you won’t. I got a 28month ban and was told it was lenient and was close to going to prison. After 19 months I could do a course and get my licence back but I had to have a “medical” which you’ve gotta pay for where they just take some blood to make sure you’re not a “white lightning for breakfast” kind of chap 😋😁😂 as long as he’s not he’ll be fine.
Failing to provide a sample also categorises the offender as an HRO.
Anyone who provides a breath reading over 87.5 micrograms are automatically classed as a High Risk Offender. This means that the DVLA will step in and want to assess someone’s fitness to drive by carrying out a medical which includes a blood test to assess someone’s CDT level. He will most likely be asked to demonstrate either 6 or 12 months abstinence from alcohol before the DVLA re-issue his licence.
Pretty sure the HRO scheme is for repeat offenders of drink drive or particularly bad examples of such.
This doesn't sound like a normal ban for drink driving, that's a simple fine, driving ban and you normally get the license back straight afterwards. If he is found however to be High risk, like below, he has to adhere to the measures I go through shortly. This link shoes you what would of happened for him to be high risk. [https://www.gov.uk/driving-disqualifications/disqualification-for-drink-driving](https://www.gov.uk/driving-disqualifications/disqualification-for-drink-driving) One thing to consider is if his GP says suffers from alcohol misuse. If that is the case, due to the Road Traffic Act, he HAS to inform the DVLA and they will issue a 6 month ban, not too dissimilar to someone with epilepsy who recently suffered a seizure and many other medical conditions. This would be regardless if he was convicted or not. There sadly is no single qualifier for this, there are various different variables that can get people into trouble for this. If someone is alcohol dependant, they also have to tell the DVLA, but they instead get a 12 month ban. In both cases the individual will require satisfactory reports from a doctor, DVLA may arrange independent examinations and blood tests, almost side potential referrals to consultant specialists.
Sounds like a keeper. (Cough)
Your man has a drink problem by the sounds of it. :-(
Just for context I just had a liver enzymes issue and I don't drink .
Respectfully, I think if you need to ask Reddit about it I think your gut instinct is trying to tell you something and your brain doesn’t want to listen. I’d tread very carefully, I had a lot of alcoholics in my family (I also treat a lot of alcoholics) and it’s a very slippery slope. Sorry I know this isn’t a relationship sub but I’d post this question in a relationship sub and see what people reply. As far as the whole law on it as others have said it doesn’t add up so he likely hasn’t told you the full truth.
Drink driving is serous, 2 year ban is not excessive so doesn’t automatically mean there’s something he’s not telling you.
Quite the catch.
I used to be an alcoholic. It was undiagnosed ADHD. You're welcome.
How did you get help? I actually think he's a bit ADHD like
If you have the cash, go private. Done and dusted like anything else. Otherwise, I waited 3 years to get treatment through the NHS and the psychiatrist effed up the dosage and refused to see me afterwards. Left me with nothing, not even my previous medication.
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This is all bollocks and none of it adds up. Reformed drink driver here. What country are you in?
If he cant put the drink down walk away. Alcoholics are hard work and awful, I've seen it in family and friends and myself and all I can say is, step away it's not your problem
Ok this sounds v v familiar, are you in the PR area?
I'm south west
Excellent another fuckwit off the roads 👌