Chief Justice Richard Ground is considering a landmark ruling on whether drunk drivers should get a 12-month ban if it means losing their job.The top judge said a policy decision, which carries “enormous ramifications”, must be made by the Director of Public Prosecutions before he can deliver a final ruling.His direction came as the result of carpenter Dean Grant appealing a year-long ban and $1,000 fine imposed upon him by Senior Magistrate Archibald Warner last July. That punishment is the mandatory minimum under the law.Grant, 42, of Southampton, was stopped by police at the wheel of the Honda CRV vehicle he uses for his job. He denied driving while impaired but admitted refusing to provide a sample of breath. Prosecutors agreed for the impaired driving charge to lie on file.Defence lawyer Marc Daniels said Grant refused to give a breath sample because he did not like the way he was treated by police. He explained the carpenter will lose his job with Fine Woodworking if he loses his licence, because he needs to transport himself and his tools.Mr Daniels asked the magistrate not to impose a driving ban because “special circumstances” applied. He argued that Mr Warner had the power to waive or reduce the standard punishment in such circumstances.Mr Warner said he did not believe he had such a power in drunk driving cases. However, he suggested Mr Daniels should launch a Supreme Court appeal, indicating he would welcome a ruling from the higher court on the topic.Advancing the case before the Chief Justice on Friday, Mr Daniels argued that “special circumstances” should be taken to mean the threat of unemployment during these “tough economic times”.He explained that Grant has two children and his wife is expecting another in July, so he cannot afford to lose his job. He asked for the ban to be overturned and replaced by a higher fine if necessary.However, Mr Justice Ground raised the question of whether “special circumstances” apply to the “personal impact” that a sentence would have on a person. He suggested the law on special circumstances only applies to the level of responsibility a person has for the crime, as stated in English law. He gave, as examples, circumstances where a drunk driver had their drink spiked, or only drove a short way, without putting anyone in danger.Prosecutor Nicole Smith agreed with the defence that the magistrate did have the power to waive the ban due to Grant’s circumstances. She said the court had to balance the severity of the crime against the prospect of unemployment, which could be viewed as a special circumstance.However, she cautioned that overturning the ban altogether could “open the floodgate for other appellants to come before this court and receive, in their eyes, no punishment except a fine for what is really a very serious offence”.Suggesting a shorter ban of around three months could be appropriate, she noted: “The court is still responsible for sending a message to persons who behave in the manner of the appellant.”Mr Justice Ground agreed, saying that overturning the ban could send a signal “that means carpenters and masons can go out and get blind drunk and not worry about the possibility of disqualification”. He went on to stress that his comment had been “overstated for effect”.He asked Ms Smith to discuss the issue with DPP Rory Field and research the English law further before returning to court.“It’s a policy decision of enormous ramifications,” noted the judge, explaining that if Ms Smith stands by the position that the English law does not apply in Bermuda, then she is “raising a major policy issue”.He indicated that at present, he is not inclined to allow Grant’s appeal unless follow-up information from the DPP persuades him otherwise.Ms Smith replied: “The issue is a hot issue of course, and I would like to get it put to bed and put to rest. It’s coming to the courts on a daily basis and it’s too important to leave.”The fine and ban against Grant have yet to be imposed due to the appeal. Mr Justice Ground said that would continue until he makes his ruling, on a date yet to be fixed.