1st time offenders hung out to dry by the DVSA

Many facets of our lives have been impacted severely by the effects of COVID-19. Many of these are well-known, from school closures to restrictions upon travel. Much of what the Government and other public bodies have done to help mitigate the effects of this global pandemic has been rightly praised. But, based on what some of my own clients have told me and also from queries I have received, I think one public body can be singled out for its utter inflexibility and stupidity – the Driver and Vehicle Standards Agency (DVSA).

The DVSA is the body which oversees the drink drive rehabilitation scheme (DDRS) in the UK. For those who do not know, the DDRS is an optional educational course. It is available to persons convicted of drink driving whom the sentencing court certifies as suitable to participate. Since the case of PF Paisley v Little, this will include almost all first offenders who ask to be certified. As the court stated:

We do not regard it as necessary for an accused in the appellant’s position [a 1st offender] to justify his attendance at the course. Attendance at such a course is, in our view, the appropriate course to be adopted in the first instance

PF Paisley V Thomas Little, 2019 SAC (CRIM) 15

For the offender, completion can mean the length of disqualification is reduced by 25%. This can be invaluable to the offender in terms of, for example, being able to keep their job or save their business.

The offender has to complete the course by a certain set date, usually well in advance of (what would be) their discounted period of disqualification. Fail to do so and the 25% discount is lost.

The Drink Drive Rehabilitation Scheme is a proven success that benefits us all

So what is the problem? Many scheduled courses were cancelled due to the impact of COVID-19. As a result, many people who had booked for and paid for the course were hung out to dry. From the queries and feedback we have received, people were then being offered courses outwith their completion deadline. And, in a decision that is as baffling as it is outright vindictive, the DVSA has refused to extend completion deadlines.

Can’t get on a course? Tough.

Can’t complete a course you have already started? Tough.

None of this is in any way your own fault? Tough.

No doubt many people will shrug their shoulders at this. Why should we do drink-drivers any favours? Because these courses do not just provide a benefit to the offender, they provide a benefit to us all. Independent studies have shown that offenders who did not attend a DDRS course were 2.6 times more likely to reoffend compared with offenders who had attended a course.

In short – the course works. And when the DVSA screwed the offenders, they screwed you too.