Driving After Disqualification: Can I Resume Driving Immediately Once My Ban Ends?

Many people assume that returning to driving after a disqualification is as simple as waiting for the period to be over. However, it’s important to note that, depending on the unique details of your offence and driving ban, you may need to take a few steps before doing so. Cutting any corners can lead you to further penalties, including an extended ban, fines and sometimes prison.

To help you understand what you need to consider when exiting your driving ban period, JMW offers guidance on the various key aspects that may apply to you.

Understanding Driving Disqualification

If you receive a short-period disqualification of fewer than 56 days, your licence will be registered by the DVLA following the court notification. This means that, at the end of your disqualification, you will be able to return to the road. However, please ensure you carefully consider the dates. 

If you receive a disqualification of 56 days or more, you’ll have to renew your driving licence with the DVLA. If you’ve been disqualified from driving for an alcohol-related driving offence, depending on the circumstances, you may have to undergo a DVLA medical under the high-risk offender scheme before your licence is returned to you. You will have to undergo the medical if:

• The court disqualifies you for being over two and a half times the legal limit. In other words, if your alcohol reading equalled or exceeded:
• 1. 87.5 microgrammes per 100 millilitres of breath; or
• 2. 200 milligrammes per 100 millilitres of blood; or
• 3. 267.5 milligrammes per 100 millilitres of urine.
• You are disqualified for failing to provide a specimen of blood/breath/urine for analysis without reasonable excuse; or
• You are disqualified on two or more occasions within a period of 10 years for an alcohol-related driving offence.

What is the Legal Process for Resuming Driving?

If you've been disqualified from driving, it's important to understand the legal steps you must take before getting back behind the wheel. Resuming driving without following the proper procedures can result in severe penalties, including further disqualification or even imprisonment.

You should make sure to take the following steps to properly restore your driving licence and get back on the road:

Check the Disqualification Period

Firstly, ensure you know the exact date your disqualification period ends. This information will be on the paperwork you received at the time of your conviction. Do not drive until this date has passed as doing so will be an offence and you may be charged.

Apply for a New Driving Licence

You won't automatically get your driving licence back after your disqualification period ends. Instead, you'll need to apply for a new one. In some cases, this may require you to retake your theory and practical driving test. The process for doing this varies depending on the length and reason for your disqualification:

• Less than 56 days: if your disqualification was for less than 56 days, your existing licence will be valid once the ban ends. However, you must still refrain from driving until the disqualification period is officially over.
• More than 56 days: for longer disqualifications, you'll need to apply for a new licence from the Driver and Vehicle Licensing Agency (DVLA). You may also be required to retake your driving test or take an extended driving test before a new licence is issued dependant on the circumstances of the offence. 

If you’ve been charged with a specific offence, such as dangerous driving, you may be considered a high risk, meaning your driving ban is likely to last longer and require more from you to recover your right to drive. In particular the imposition of an extended retest.

Medical Examinations

In some cases, particularly for disqualifications related to alcohol or drug misuse, you may be required to pass a medical examination before your new licence is issued. A medical professional will offer an assessment of whether they believe you’re safe to begin driving again, in line with the government's regulations.

Insurance Considerations

It's also essential to arrange your car insurance before you start driving again. You should be aware that your plan may have been cancelled, and that the premiums you face are likely to be higher following a disqualification.

Legal Advice

If you're unsure about the process or your specific circumstances, it's always advisable to seek legal advice. A solicitor can guide you through and help to ensure you're taking all the necessary steps to resume driving legally.

Common Mistakes to Avoid During Your Disqualification Period

Navigating a driving ban can be a challenging experience. To help you steer clear of further legal complications, here are some common mistakes you should aim to avoid during your disqualification period:

Driving Before the Ban Ends

One of the most serious mistakes is to begin driving again before the disqualification period has officially ended. This is a grave offence that could result in further disqualification, hefty fines or even imprisonment. Make sure to check when your disqualification period ends so you can be sure you don't resume driving early.

Not Reapplying for a Licence

Many people mistakenly believe that their driving licence will automatically be reinstated once the disqualification period is over. This isn’t the case for disqualifications longer than 56 days. You must apply for a new licence through the DVLA and may need to retake your driving test dependant on the offence. 

Overlooking Additional Requirements

For some offences, you may be required to complete an extended re-teste. Neglecting to do this can prevent you from legally resuming driving, even after your disqualification period has ended.

Driving without valid insurance is illegal. Ensure that you update your insurance policy before you get back on the road.

If your disqualification was due to alcohol or drug-related offences, you might be required to undergo a medical examination by the DVLA. Failing to attend this examination or not meeting the medical standards can delay the reinstatement of your licence and result in the revocation of your licence.

Not Seeking Legal Advice

The rules surrounding driving disqualifications can be complex and may vary depending on individual circumstances. Failing to consult a solicitor for tailored advice can result in unintentional violations of the law.

Assuming All Debts Are Cleared

Remember that any fines or costs ordered by the court are separate from the disqualification. Make sure these are paid in full to avoid further legal complications.