False gp recomendation

[Tomaschris]

Hi. I need some help.
So, i blew 89 about two years ago. Dvla take my license of me and court let me do drink drive awareness course. I done my course during pamdemic( been cancelled twice) and did my blood test.
Few days ago dvla refused my application because my doctor lies to dvla that i still drinking and i need another 12 months to be completely sober and reapply for my license.
The thing is i start new job in january 2020 where they do random drug alko tests so i stopped completely. In about july i have been diagnosed with sarcoidosis (high calcium in blood etc)what can give bad blood results. That time doctor asked me if i ever drink and i said yes but i stopped from january and he ask how much i used to drink and he put these information to the system like i still drink that amounts.
My gp give report to dvla regarding these informations provided by other doctor and end up with bad recomendation to dvla what results in refusing my application. My cdt test was done in january 2021 and it was 0.7%cdt and regarding to my gp she never seen cdt test results and told me that dvla ask her for my drinking history from previous 6 years. About three years ago i go to gp to get some help with my party drinking where noone help me.
My gp never seen me and never talk to me about my case or situation and decided to give me bad recomendation. After i call my surgery i explained her when i stopped drinking and she said she can not change dates and it's too late. I talk to one of doctors who leads my sarco treatment case and even he said she should not give bad opinion regarding my drinking because they do liver tests to me every one to two months and everything is fine and no alkohol consumption can be recorded. I should get my license back at 28th of jan and now is almost april and my application has been refused for another year. Is there anything i can do ? Can i sue my surgery for false information given to dvla or appeal somehow . I still don't touch anything so can do blood test any time.
Thank you for reply in advance

 

[price1367]

Your GP has not given false information.
As you say, DVLA ask about your drinking over the past 6 years, and it is on record that (presumably) you were drinking too much 3 years ago, then 18 months ago you were caught driving a car at over 2.5 times the legal limit.
it seems that DVLA have decided that it indicates that you are alcohol dependent. (How much did you say to the doctor that you were drinking when you said “party drinking?”
Once DVLA have decided that, they look for evidence that you have been alcohol free for 12 months. (How much did you say you drank on the medical questionnaire?) it seems that you have not evidenced being alcohol free, although the .7% CDT score is good.
You may be able to persuade DVLA to accept that what you were drinking before was alcohol misuse, rather than dependence in which case you only have to show controlled drinking (14 units per week or less) for 6 months to get a licence.
Re your other questions, you have no chance of suing the GP, he / she just reported what is on your file.
You can appeal against the DVLA decision by going to your local magistrates court and asking for a hearing, but as I recently reported on another thread, the medical advisory panel were told that over a 6 month period 18 months ago, they won every alcohol and drugs related appeal at the courts. They were also successful in getting costs awarded against the person appealing, for as much as £2,000 so I would not recommend trying an appeal.

 

[Tomaschris]

Your GP has not given false information.
As you say, DVLA ask about your drinking over the past 6 years, and it is on record that (presumably) you were drinking too much 3 years ago, then 18 months ago you were caught driving a car at over 2.5 times the legal limit.
it seems that DVLA have decided that it indicates that you are alcohol dependent. (How much did you say to the doctor that you were drinking when you said “party drinking?”
Once DVLA have decided that, they look for evidence that you have been alcohol free for 12 months. (How much did you say you drank on the medical questionnaire?) it seems that you have not evidenced being alcohol free, although the .7% CDT score is good.
You may be able to persuade DVLA to accept that what you were drinking before was alcohol misuse, rather than dependence in which case you only have to show controlled drinking (14 units per week or less) for 6 months to get a licence.
Re your other questions, you have no chance of suing the GP, he / she just reported what is on your file.
You can appeal against the DVLA decision by going to your local magistrates court and asking for a hearing, but as I recently reported on another thread, the medical advisory panel were told that over a 6 month period 18 months ago, they won every alcohol and drugs related appeal at the courts. They were also successful in getting costs awarded against the person appealing, for as much as £2,000 so I would not recommend trying an appeal.

Hi. I still have problem getting my license back. my ban finished in january 2021(i finished dd awarnes). Dvla told me in letter to proove 12 months alcohol free in march. my last reported alcohol consumtion by my gp was about august 2020. i ask dvla how to proove it and dvla told me to ask my gp and gp to ask dvla. i told to dvla if they want it from me then they should told me what they want from me. one lady told me they will just accept report from my gp and i should just apply for driving license when 12 months period pass. so its october 2021 even november what gives 14 months alcohol free( i dont drink for more than that) and my aplication was refused beceuse i apply for my license too early. i ring dvla and woman who i talked to she was suprised why my aplication was refused and ask medical department to look again in to ma case. I am really struggling financially ( soon i will run out of any savings and not even have money for another medical check) I want to go back to my country where my family is from a 1,5 year, but without driving license its a big nono. i rent a room to pay bills here buy food and send money for my family. i call "dvla" in my country and they told me i can not even apply for driver number to do new license because my license was taken from me and need sort it in uk first. i just want get license back ang go back to my country.
The problem is during covid19 my local surgery was too busy, vaccinating peoples and when i change my address they didnt even want me to register with them and keep telling me to go back to previous surgery where in my area you can not just choose surgery because its up to your post code which surgery you can register with. any blood test during that time was impossible. i was even diagnosed with sarcoidosis where you need do biopsy to diagnose this for correctly. im on steroids treatment from more than a year and drinking during steroid treatment is probably bad decission and it would be noticable if drink anything. i never had alcohol independacy what in my opinion is just misuse and stop drinking for good is not a problem for me. do i have any chance get my license back or should i apply for benefits to keep away from becoming homeless

 

[price1367]

If DVLA said in March 2021 that they wanted to see evidence of being alcohol free for 12 months, then they will not entertain another application before March 2022, they mean 12 months from when they required it.
If all you want to do is to go back to your home country then you could do this, and apply for a new provisional licence when you get there.
As you have presumably exchanged your old home country licence for a British one, then you would have to take a new test in your home country, but that may require a 6 months residency being proved there first.

 

[Tomaschris]

If DVLA said in March 2021 that they wanted to see evidence of being alcohol free for 12 months, then they will not entertain another application before March 2022, they mean 12 months from when they required it.
If all you want to do is to go back to your home country then you could do this, and apply for a new provisional licence when you get there.
As you have presumably exchanged your old home country licence for a British one, then you would have to take a new test in your home country, but that may require a 6 months residency being proved ther

then why dvla can not tell what they realy want from me to aprove my aplication and if they told me my last drinking was in august 2020 then why i need wait longer than 12 monts till march 2022. all of this is a nonsense and doesnt make sense

 

[sillynurse]

If DVLA said in March 2021 that they wanted to see evidence of being alcohol free for 12 months, then they will not entertain another application before March 2022, they mean 12 months from when they required it.
If all you want to do is to go back to your home country then you could do this, and apply for a new provisional licence when you get there.
As you have presumably exchanged your old home country licence for a British one, then you would have to take a new test in your home country, but that may require a 6 months residency being proved there first.

My last drink is recorded

If DVLA said in March 2021 that they wanted to see evidence of being alcohol free for 12 months, then they will not entertain another application before March 2022, they mean 12 months from when they required it.
If all you want to do is to go back to your home country then you could do this, and apply for a new provisional licence when you get there.
As you have presumably exchanged your old home country licence for a British one, then you would have to take a new test in your home country, but that may require a 6 months residency being proved there first.

My gp has my last drink recorded, surely these months can be counted and the dvla take this into account when they need you to be 12 months abstinent? My last drink was March 2021 and if I'm classed as dependant from my medical then I hope these months are counted that I've been sober so far! I'll be gutted. I'm doing all the right things!

 

[chrism2800]

My last drink is recorded

My gp has my last drink recorded, surely these months can be counted and the dvla take this into account when they need you to be 12 months abstinent? My last drink was March 2021 and if I'm classed as dependant from my medical then I hope these months are counted that I've been sober so far! I'll be gutted. I'm doing all the right things!

Get a full blood test done asap,this covers the liver,ggt,ast,alt bilaruben,all these are or were evidence of low/no alcohol and can be verified by your gp when the dvla conracts them, usually 3 over a 12 month period, however I submitted 2 which was fine

 

[sillynurse]

I'm seeing gp next week to ask if I can have my bloods done. My worry is that it has been mentioned above that the dvla need 12 months 'from when they say' but I'm actually nearly 8 months alcohol free already so I'm hoping I can get my licence back by the time it comes for my medical. I'm waiting for an appointment.
If I'm classed as dependant it will be March when I will have 12 months. If I'm classes as a misuser I already have what they want which is 6 months abstinence or controlled drinking. My worry is that they won't take into account my sober time that I already have and have recorded my last drink with my gp. If they want abstinence period to be from when THEY say, then this will add to my time off the road even more.
I'm just really anxious about it all as its in my job description for work as a keyworker that I be a car driver and they have accommodated me so far being without a car but they can't do it forever. I know I can't control the outcome but it's going to be really crap if I have to wait for months longer just because they want their time frame and not one that's already been recorded with my gp anyway.

 

[R25644]

Get a full blood test done asap,this covers the liver,ggt,ast,alt bilaruben,all these are or were evidence of low/no alcohol and can be verified by your gp when the dvla conracts them, usually 3 over a 12 month period, however I submitted 2 which was fine

I panicked after reading this forum and seeing that you needed ‘proof’. I got a full blood test and a LFT done, dated my last drink with my GP and had them send the results off with the medical questionnaire. I’m just waiting for the DVLA’s final decision.

 

[sillynurse]

I panicked after reading this forum and seeing that you needed ‘proof’. I got a full blood test and a LFT done, dated my last drink with my GP and had them send the results off with the medical questionnaire. I’m just waiting for the DVLA’s final decision.

I think I'm going to need to stop coming on here as I'm reading things that are making me spiral into anxiety! I'm doing all the right things, not drinking and being honest and my life has massively improved but reading some things on here recently have got me really concerned that it's going to drag on and on and on. And breathe!

 

[R25644]

I'm waiting for an appointment.
If I'm classed as dependant it will be March when I will have 12 months. If I'm classes as a misuser I already have what they want which is 6 months abstinence or controlled drinking.

This seems to be the crux of the issue when it comes to getting your license back.
Luckily my GP classed me as someone who used to misuse alcohol. So I’m hoping I get my license back, worst case scenario is 6 months from the date they sort out. But if I’m being honest my drinking probably was dependence.
But like yourself my future plans are in the hands of the DVLA’s decision, which seems very messed up when I have been abstinent since November 2019 but haven’t got the ‘proof’.

All you can do is what you are doing! And what you are doing is really positive stuff! Keep reminding yourself of that! Have an honest conversation with your GP, see what they have in your file. That’s all you can do.

 

[sillynurse]

This seems to be the crux of the issue when it comes to getting your license back.
Luckily my GP classed me as someone who used to misuse alcohol. So I’m hoping I get my license back, worst case scenario is 6 months from the date they sort out. But if I’m being honest my drinking probably was dependence.
But like yourself my future plans are in the hands of the DVLA’s decision, which seems very messed up when I have been abstinent since November 2019 but haven’t got the ‘proof’.

All you can do is what you are doing! And what you are doing is really positive stuff! Keep reminding yourself of that! Have an honest conversation with your GP, see what they have in your file. That’s all you can do.

Yes you're right. Nothing I can do about it right now. Good luck to you you will have to let us know how you get on.

 

[Tomaschris]

I just ring DVLA again and they dont want even look at my application because i need wait till march untill i can prove i dont drin for 12 months. problem is od dvla side because they ask gp did i drink any alcohol for last 6 years and gp will always state yes and there is no question about 12 months alcohol free etc. if you lost your license for dd then do lft every month if you can so you will avoid any problems in future because DVLA dont even want to explain what proof they accept. they just play gods and i dont know why they word is stronger than court sentence.

 

[Recovered22]

I just ring DVLA again and they dont want even look at my application because i need wait till march untill i can prove i dont drin for 12 months. problem is od dvla side because they ask gp did i drink any alcohol for last 6 years and gp will always state yes and there is no question about 12 months alcohol free etc. if you lost your license for dd then do lft every month if you can so you will avoid any problems in future because DVLA dont even want to explain what proof they accept. they just play gods and i dont know why they word is stronger than court sentence.

They don't tell you what proof to avoid liability, it's been discussed before on the forum re: the Glasgow bin lorry incident. While they will not tell you the proof they require, they accept a date of final drink logged with a GP and liver function tests returning results within the normal parameters. The question "date patient last consumed alcohol" is the 12 months free from alcohol question, if the doctor answers within the last 12 months then that's a fail.

They aren't playing gods, the process exists to keep the worst alcoholics off the road. People who can cause real damage, those who can't stop themselves. I had to satisfy the DVLA that I was 12 months free from alcohol too, but I was an alcoholic with absolutely no business driving before I was banned. It's a rock and a hard place, I understand your frustration but at the end of the day a driving licence is not a right. No matter what country you're in you have to satisfy the licencing body that you are fit to drive if you have a poor medical history.

 

[sillynurse]

They don't tell you what proof to avoid liability, it's been discussed before on the forum re: the Glasgow bin lorry incident. While they will not tell you the proof they require, they accept a date of final drink logged with a GP and liver function tests returning results within the normal parameters. The question "date patient last consumed alcohol" is the 12 months free from alcohol question, if the doctor answers within the last 12 months then that's a fail.

They aren't playing gods, the process exists to keep the worst alcoholics off the road. People who can cause real damage, those who can't stop themselves. I had to satisfy the DVLA that I was 12 months free from alcohol too, but I was an alcoholic with absolutely no business driving before I was banned. It's a rock and a hard place, I understand your frustration but at the end of the day a driving licence is not a right. No matter what country you're in you have to satisfy the licencing body that you are fit to drive if you have a poor medical history.

Thank you for this. I keep panicking about things but like you said I have a date of my last drink recorded. I'm also an alcoholic with nearly 8 months sobriety so if they're giving me a dependent label then I'm looking at March I guess. If its misuse then I meet the requirements. I'm going to try and let it go now and let it all pan out itself.

 

[Tomaschris]

They don't tell you what proof to avoid liability, it's been discussed before on the forum re: the Glasgow bin lorry incident. While they will not tell you the proof they require, they accept a date of final drink logged with a GP and liver function tests returning results within the normal parameters. The question "date patient last consumed alcohol" is the 12 months free from alcohol question, if the doctor answers within the last 12 months then that's a fail.

They aren't playing gods, the process exists to keep the worst alcoholics off the road. People who can cause real damage, those who can't stop themselves. I had to satisfy the DVLA that I was 12 months free from alcohol too, but I was an alcoholic with absolutely no business driving before I was banned. It's a rock and a hard place, I understand your frustration but at the end of the day a driving licence is not a right. No matter what country you're in you have to satisfy the licencing body that you are fit to drive if you have a poor medical history.

i dont drink for more than 12 months where in gp system my last drink was in aug 2020 and now is nearly nov 2021 and they still want me wait till march 2022. if they want something from you they should tell you what they want. if nhs do lft for all brits probably 70% results will fail.

 

[price1367]

ThomasChris, It is said on here sometimes, and might be right, that many people could fail the breath test the following morning, whilst at the same time saying how terrible people are to drink and drive…..
BUT to say that 70% of British people would fail Liver Function Tests is way off the mark. Liver Function Tests show long term, fairly chronic, alcohol abuse.
Research shows that 25% of men and 15% of women drink too much, but even then, not all will have yet produced abnormalities that inflate their LFT results.
Like it or not, The way to persuade DVLA that you are alcohol free is via LFT tests via your GP. Perhaps at 3-4 monthly intervals. It has been shown to work for many people on this forum.

You can read about alcohol, health and the Liver here:

https://www.bdct.nhs.uk/wp-content/uploads/2016/11/Your-liver-what-you-need-to-know.pdf

 

[Recovered22]

i dont drink for more than 12 months where in gp system my last drink was in aug 2020 and now is nearly nov 2021 and they still want me wait till march 2022. if they want something from you they should tell you what they want. if nhs do lft for all brits probably 70% results will fail.

The DVLA have asked for proof of 12 months of abstinence from a set date. That date is March 2021, since you drank up until August 2021 you do not satisfy this requirement. They want 12 months from March 2021, so that is March 2022 regardless of when you had your last drink.

As for 70% of people failing an LFT, the hepatology wards would be full of this was the case. I could see maybe 50% of people failing a CDT that indicated recent alcohol intake, an LFT however is much much harder to fail.

 

[Tomaschris]

ThomasChris, It is said on here sometimes, and might be right, that many people could fail the breath test the following morning, whilst at the same time saying how terrible people are to drink and drive…..
BUT to say that 70% of British people would fail Liver Function Tests is way off the mark. Liver Function Tests show long term, fairly chronic, alcohol abuse.
Research shows that 25% of men and 15% of women drink too much, but even then, not all will have yet produced abnormalities that inflate their LFT results.
Like it or not, The way to persuade DVLA that you are alcohol free is via LFT tests via your GP. Perhaps at 3-4 monthly intervals. It has been shown to work for many people on this forum.

You can read about alcohol, health and the Liver here:

https://www.bdct.nhs.uk/wp-content/uploads/2016/11/Your-liver-what-you-need-to-know.pdf

my local surgery during covid pandemy didnt accept any appointments apart vaccinating so how should i do any tests during that time where even my gp refuse to do them during that time. Apologies but your answers are same as dvla. if nhs sytem says im more than 12 months sober then why they expect me to wait another 6-8 months?

 

[BigTom]

my local surgery during covid pandemy didnt accept any appointments apart vaccinating so how should i do any tests during that time where even my gp refuse to do them during that time. Apologies but your answers are same as dvla. if nhs sytem says im more than 12 months sober then why they expect me to wait another 6-8 months?

Because they are not going to just believe you saying that you haven't drank. Anybody can say they haven't drank for over 12 months, but how do they know if you are lying? That is why they require proof.

LFT's from a GP are not the only proof, there are probably others that they will except, but they don't tell you what they want and leave it as ambiguous as 'Proof'!

The burden of proof is therefore left with you - it is what it is!