DR31 Conviction Offence Code

What Is a DR31 Conviction Code?

The legislation permits police to request a medical practitioner to take a blood sample from someone who is incapacitated following an accident, typically when the person is unconscious or unable to give valid consent due to medical reasons. Once the individual regains capacity, they must be informed that the specimen was taken and asked for permission to have it analysed. Refusing to give this permission without reasonable excuse constitutes a criminal offence.

This provision places incapacitated drivers in the same legal position as those who are conscious at the time of specimen collection, ensuring fairness in drink-driving enforcement whilst protecting healthcare professionals from potential assault charges when taking samples without consent.

What Penalties Does a DR31 Conviction Carry?

A DR31 conviction results in 3 to 11 penalty points on your driving licence, an obligatory minimum disqualification of 12 months, a maximum fine of £5,000 and up to 6 months’ imprisonment. The exact penalty imposed depends on the circumstances of your case and is at the discretion of the magistrates’ court.

The 12-month minimum disqualification period is mandatory for all DR codes relating to driving or attempting to drive whilst unfit through drink, and courts have no discretion to impose a shorter ban unless special reasons are found. If you already have 9 or more penalty points on your licence when you receive a DR31 conviction, you face disqualification under the totting-up procedure, which carries a minimum 6-month ban.

The DR31 endorsement remains on your driving record for 11 years from the date of conviction, significantly longer than most other motoring offences which remain for 4 years. Courts can impose sentences ranging from community orders to immediate custody depending on aggravating factors such as high alcohol readings, previous convictions or accidents causing injury.

Why Would Blood Be Taken Without Consent?

The Police Reform Act 2002 introduced this provision to address situations where drivers could not be prosecuted for drink-driving offences because evidence was unavailable. Before this legislation, individuals who were incapacitated following accidents were at a disadvantage compared to conscious drivers, and appropriate prosecutions could not proceed due to lack of evidence.

A forensic healthcare professional must be asked to take the specimen unless this is not reasonably practicable, in which case another doctor or registered healthcare professional may take it. The doctor in charge of the patient’s clinical care must be notified beforehand and has the right to object if taking the sample would be prejudicial to the patient’s care.

The specimen cannot be tested until the person regains competence and gives valid consent for analysis, creating the circumstances where a DR31 offence can occur if consent is subsequently refused.

What Constitutes Incapacity for Blood Sample Taking?

Incapacity is determined when a person is conscious of what they are doing but has not heard or fully understood the request for consent, or when they are unconscious or severely impaired due to injuries sustained in an accident. The legal test requires that the driver is unable to comprehend the procedures or instructions given to them.

Although it is the responsibility of the police constable to assess whether someone lacks capacity, healthcare professionals should satisfy themselves that the individual genuinely lacks capacity before taking a sample. This assessment must be carefully documented as it may later become relevant in court proceedings.

Incapacity attributable to medical reasons includes unconsciousness from head injuries, severe trauma requiring emergency treatment, or being medically sedated or paralysed for clinical procedures. Intoxication alone does not automatically constitute incapacity if the person can still understand and respond to requests.

Healthcare professionals are ethically permitted to refuse to take a specimen if the patient refuses or resists, if there are medical reasons why a specimen should not be taken, or if the person is expected to recover capacity within a short period.

What Are Reasonable Excuses for Refusing Permission?

Common examples that may constitute reasonable excuse include severe mental disability preventing comprehension of the request, language barriers meaning genuine inability to understand the instructions, or ongoing medical conditions that make it impossible to provide valid consent. Physical incapability must have a direct causative link to the refusal to give permission.

Mere intoxication is not a reasonable excuse if the person can still understand the procedure being explained to them. Similarly, emotional distress, panic or fear of the consequences do not generally amount to reasonable excuses unless they are so severe as to remove the person’s capacity to make decisions.

Medical evidence is normally required to support a reasonable excuse claim, and expert reports must prove not only that a condition existed but that the condition specifically caused the refusal to give permission. Courts scrutinise these defences carefully and require compelling evidence before accepting them.

How Does DR31 Affect Car Insurance Costs?

Car insurance costs after a DR31 conviction increase significantly, with average quoted premiums of £4,098 compared to the UK average of £861, representing an increase of approximately 376%. This substantial increase reflects insurers’ assessment that drivers with drink-driving convictions present a higher risk of making claims.

You must disclose your DR31 conviction to all insurance providers when obtaining quotes, as failure to disclose is a breach of law and will invalidate your insurance. If you are stopped by police whilst driving without valid insurance due to non-disclosure, you will receive a driving ban, making it extremely difficult to find insurers willing to cover you in future.

Under the Rehabilitation of Offenders Act 1974, you are only required to declare your DR31 conviction to insurers for 5 years following conviction, even though the endorsement remains on your licence for 11 years. After the 5-year rehabilitation period, the conviction becomes spent and you no longer need to disclose it when shopping for insurance.

Finding insurance with a DR31 conviction can be challenging as many mainstream insurers have underwriting terms that exclude high-risk drivers. Specialist convicted driver insurance brokers can help you access the market and compare quotes from insurers who accept drink-driving convictions.

Can You Avoid Disqualification with Special Reasons?

To establish special reasons, the defence must prove on the balance of probabilities that 4 criteria are met: the reason must be a mitigating or extenuating circumstance, it must not amount to a defence, it must be directly connected to the offence itself, and it must be something the court should properly consider when imposing sentence.

Examples of circumstances that may constitute special reasons in drink-driving cases include genuine medical emergencies requiring immediate action, shortness of distance driven with no intention to drive further, or spiked drinks where the driver had no knowledge of alcohol consumption. However, the threshold is high and courts take a dim view of weak arguments.

Personal circumstances such as loss of employment or hardship to family members cannot amount to special reasons, as these relate to the offender rather than the offence itself. If special reasons are found, the court has discretion to reduce the disqualification period or not impose one at all, but this is not automatic.

What Is the High-Risk Offender Scheme?

High-risk offenders must pass a medical examination with a DVLA-appointed doctor before their licence can be reinstated after disqualification ends. You are classified as a high-risk offender if you refused to allow a blood sample to be tested for alcohol, which applies directly to DR31 convictions.

The DVLA will send you a D27PH renewal form 90 days before your disqualification ends. You must complete this form and return it to DVLA to reapply for your licence. Once DVLA receives your application, they will send you details of approved doctors so you can arrange an appointment.

The medical examination includes completing a questionnaire about your medical history and alcohol use, participating in a physical examination, and having blood tests taken. You must pay for this examination yourself, and the doctor will submit their report directly to DVLA.

You will not receive your new licence until DVLA is satisfied that you are fit to drive again based on the medical evidence provided. This process ensures that individuals with drink-driving convictions pose minimal risk to road safety when they return to driving.

Does DR31 Result in a Criminal Record?

For DR31 convictions resulting in a fine or community order, the conviction becomes spent after 1 year from the date of conviction. If you receive a custodial sentence of 6 months or less, the rehabilitation period is 2 years from the end of the sentence. Custodial sentences between 6 months and 4 years have a rehabilitation period of 4 years.

Once a conviction is spent, you are not legally required to disclose it to most employers or organisations, although there are exceptions for certain professions requiring enhanced background checks. These include roles working with vulnerable adults or children, regulated financial services positions, and some healthcare professions.

The DR31 endorsement on your driving licence remains visible for 11 years regardless of when the conviction becomes spent for other purposes. This means employers who conduct driving licence checks can see the endorsement even after the conviction is spent for employment purposes.