Our California DMV hearing attorneys help clients facing drivers license suspensions for negligent operator status, drivers license suspensions for medical conditions, and criminal charges for Vehicle Code 14601 driving on a suspended license.
Although the California DMV may not revoke, suspend, or restrict your driver's license solely because you are a senior citizen1, it may do so if the action is based on your
While the mental and/or physical faculties required to drive safely tend to diminish more frequently in elderly drivers than in younger drivers, that doesn't mean they diminish to the point of danger.
In fact, there are a significant number of senior drivers who are perfectly capable of safe driving and do so on a daily basis.
That said, our society is still influenced by stereotypes and biases about mature drivers. These stereotypes can unfortunately affect your license.especially when they're held by DMV employees.
In this article, our California DMV hearing attorneys will answer ten of the most frequently asked questions about senior drivers and California driver's licenses. In an effort to help you understand how to maintain your driving privilege, we will answer the following questions:
If, after reading this article, you would like more information, we invite you to contact us.
No. However, it does monitor elderly drivers more closely. For example, once you turn 70, you are no longer permitted to renew your license via the internet or by mail. You must renew your license in person at the DMV.3
This is so the DMV can personally evaluate you before it decides whether to renew your driver's license. Your physical coordination, vision, hearing, and overall mental state will be closely scrutinized.
There are a variety of medical conditions and medications that may affect senior drivers and may impact their ability to drive safely.
are some of the signs that a DMV employee will look for when trying to determine whether to renew your license.
In addition, seniors frequently take prescribed and/or over-the-counter medications to help manage pain, depression, and other symptoms that typically affect this portion of the population. Oftentimes, medication can further impair one's ability to drive safely.
Dizziness, sleepiness, blurred vision, and slowed reaction and movement are just some of the side effects that medications may cause. When these types of symptoms are present, they can lead to unsafe driving.
If, upon seeing you, or evaluating a report submitted by a
the DMV believes that you no longer have the mental and/or physical faculties necessary to safely drive, it will suspend, revoke, or restrict your license.7
The good news is that before the DMV is entitled to take such an action, you are entitled to a hearing called a "reexamination".8
A reexamination is an in-person evaluation of your driving skills. When the DMV has been notified by one of the above sources that you may pose a safety risk behind the wheel, you may request this evaluation in the hopes of proving otherwise.
As a mature driver, your reexamination will likely include a written test, a vision test, and at least one driving "performance" test.9
Once you receive notice that the DMV intends to take action against your license, you only have ten (10) days to request a reexamination10...and only five (5) days if you are given a "priority reexamination" notice.11
In order to schedule the evaluation, you may call or write to your local DMV driver safety branch office.
Before we can answer this question, we must address the difference between a reexamination and an administrative hearing. Although these terms are frequently used interchangeably to refer to the same proceeding, elderly drivers may be entitled to be heard at each.
If following your reexamination, you feel that the decision to restrict, suspend, or revoke your license was unjustified, you may request a DMV administrative hearing. During this proceeding, a DMV hearing officer will review the test results from your "reexam". He/she will also evaluate any additional evidence you present to support your position that you are, in fact, a safe driver.
Your rights are the same for both proceedings.
Unlike a California criminal case, the state will not provide you with an attorney if you are unable to afford one. However, you are still entitled to have a California DMV hearing lawyer defend you in a DMV hearing if you have the financial means to retain one.
Many DMV hearing officers may be mistaken in their beliefs that an elderly driver can't safely drive a car. Experienced legal representation and expert testimony can be beneficial in convincing the DMV that your condition is under control and does not impact your ability to drive safely.
The purpose of this hearing is to establish whether you are fit to drive. In order to prove this, you may present live testimony or a letter from your doctor about the fact that your condition does not undermine your ability to safely drive. This testimony or letter would be in addition to the DMV driver medical evaluation "DME" that your doctor is already required to fill out.
If your doctor believes that your current condition may affect your driving skills but that such a condition could be cured (by wearing glasses, for example), you should have him/her include that information as well.
Your goal during this hearing is to prove that you are a safe driver. Presenting evidence to this effect is critical. One way to do this is to enroll in and complete a mature driver improvement program. Successful completion of this program demonstrates that (1) you are taking the matter seriously, and (2) you can compensate for your condition by driving safely.
Another way to accomplish your goal is to focus on your present ability to drive safely. Do not place your emphasis on the reasons why the DMV wants to restrict, suspend, or revoke your license.
Instead, do place your emphasis on the fact that you are presently able to drive safely...by reassuring the hearing officer of your commitment to controlling your condition. You will wear glasses, you will obtain hearing aids, you will equip your car with additional, larger mirrors, etc.
This is where an attorney who specializes in California DMV hearings can be most valuable. Maybe there are innocent explanations that make your driving record seem worse than it actually is. Maybe the doctor who reported you to the DMV really doesn't know your medical history, and hadn't done a thorough examination. Maybe the police officer who reported you has a personal bias against senior drivers.
An aggressive, comprehensive defense could perhaps make the difference between keeping and losing your license.
No. But the good news is that the renewal test only has 18 questions, the answers to which can be found in the California Driver Handbook.
Despite the fact that it is called a "written" test, you may take this test by (1) listening to a cassette tape rather than by reading the material, or (2) having an examiner ask you the questions.
In addition, the written test is available in English, American Sign Language (ASL), and over 30 other languages. The English version is also available in large print.
If you are unable to pass the written exam, the DMV will give you two more chances to do so before it will impose another fee or application.
Limited vision is one of the most common problems facing mature drivers. For most of us, our ability to see clearly and to focus (especially in the dark) decrease as we get older. However, that doesn't mean that we still can't see clearly enough to drive safely or that our vision problems can't be corrected.
If the DMV has reason to believe that your vision is compromising road safety, it will administer a vision test.
The DMV tests your vision using a typical "wall chart". If you cannot successfully pass this test, you will be required to look into a machine that measures how clearly you see small details with your eyes both individually and as a pair.
If, after taking these vision tests, you don't meet the department's minimum standard of 20/40 vision, you will be required to see a licensed ophthalmologist or optometrist. He/she will need to fill out a DMV "report of vision examination" which you will bring back to your local DMV office.
If you are attempting to renew your license, you will receive a 30-day temporary license, so long as your eyesight is no worse than 20/70 with both eyes. Your eye doctor appointment will need to be completed by this time.
If, after evaluating your eyesight, your "vision specialist" determines that your condition doesn't impair your ability to drive safely, the DMV will re-administer its vision test. If your ophthalmologist or optometrist determines that you are able to drive safely as long as you wear glasses or contact lenses, you will be required to wear those during your exam.
If you pass your exam, the DMV will renew your license. If you wore glasses or lenses during your exam, your renewed license will contain a corrective lens requirement.
If you don't pass the vision exam, you will be required to take a driving test. Again, if your doctor prescribed glasses or contact lenses, you will be required to wear them during your performance test. If you pass the driving test, the DMV will renew your license (with the corrective lens restriction, if appropriate).
If your eye doctor doesn't believe you are capable of driving safely, the DMV will go ahead with its decision to restrict, suspend, or revoke your license.
There are two tests that you may be required to take as a part of your hearing -- a Supplemental Driving Performance Evaluation (SDPE), and the less challenging, Area Driving Performance Evaluation (ADPE). It bears repeating that it is a good idea to complete a "Mature Driver Improvement Program" prior to your hearing as a way to practice for your performance test(s).
This is the first test that you will take. It is more comprehensive than a "regular" DMV driving test, as it's designed to test how well you drive while receiving a variety of incoming information. The examiner looks to see if you can drive safely by compensating for your physical and/or mental condition.
You must not only prove that you can drive safely using the "basic" skills that you used when you passed your original driver's test, but you must demonstrate that you can additionally do the following:
Your examiner will give you two instructions at the same time to see how well you perform them both.
Are you using your mirrors? Looking over your shoulder? Signaling?
For example, can you concentrate on your driving while the examiner is speaking with you?
Your examiner is looking to see how you merge and drive at high speeds.
The examiner will ask you to drive about two blocks from the DMV and will then see if you can drive back to the DMV using the same route you took with no help. He/she is checking to see if you can do so without suffering from disorientation or memory lapses.
If you do not wish to drive the freeway, be sure to tell your instructor. If you otherwise pass this test, the DMV can issue you a license that is limited to surface streets driving.
If you fail the Supplemental Driving Performance Evaluation, but your examiner believes you may be able to drive safely in a more restricted area, you may take the Area Driving Performance Evaluation.
This test only encompasses a specific area that is pre-determined by you and your examiner. This test is usually taken near your home and includes the route(s) that you most frequently drive. For example, you will be required to drive to and from the store, your doctor's office, the bank, etc. -- to and from the places that make up your most important driving needs.
Passing this test (so long as you meet all other licensing requirements), will allow you to obtain a restricted driver's license. This permits you to drive only in a designated, limited area.
Once you have been evaluated, the DMV has four choices.
The first is to end or dismiss the action. If the department believes that you can drive safely, your California driver's license will remain in effect, untouched.
The second option is to issue you a "restricted" or "probationary" license. This action still allows you to keep your license.but under closer supervision and under more limited circumstances.12
The third option is to suspend your license.13 If your license is suspended, you may be able to have it reinstated if you can provide additional information to demonstrate that you can compensate for your physical and/or mental condition and that you therefore no longer pose a safety risk.
The final alternative is to revoke your license.14 This will only occur when the DMV believes that, due to your condition, there is no way for you to safely drive a car.
If your license was suspended or revoked, and you want to try to get it back, contact your local Driver Safety Office and ask about the DMV's special instruction permit "SIP". A SIP allows you to drive temporarily so that you can take driving lessons.
Also, do not drive while your license is suspended or revoked. This is a crime under Vehicle Code 14601 and can subject you to probation, fines, the impounding of your car and even jail time.
The number one restriction for a senior driver involves wearing glasses or contact lenses. Most other restrictions are imposed in connection with declining physical conditions. The most common include (but are by no means limited to):
If you believe that the department's decision was unfair or incorrect, you have the right to appeal the decision. You can do this by requesting a departmental review15 or by filing a writ in the California Superior Court. Although there is usually no fee associated with the DMV review, you may incur filing fees and/or attorney costs if you choose to file your appeal in court.
Instructions and the time frame for appealing the DMV's ruling will be found on the written form notifying you of the department's decision.
For more information or to confidentially discuss your case, please don't hesitate to contact us. We have local law offices in the San Francisco Bay area, Los Angeles, Orange County, San Diego, and surrounding counties.
California DMV senior driving -
Provides links to all areas related to elderly drivers
California DMV "vision tests" -
Detailed information about the DMV's vision tests and other vision-related topics
California DMV "written tests" -
Detailed information about the DMV's written tests
California DMV senior driving "self evaluation" -
A 15-question self-assessment test to help you evaluate your personal safety and the safety of others
1California Vehicle Code 12814 -- Renewal of licenses; examination; extension; terms and conditions; selective testing ("The age of a licensee, by itself, may not constitute evidence of a condition requiring an examination of the driving ability.")
2California Vehicle Code 13359 -- Grounds for suspension or revocation ("The department may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license.")
3Per California DMV's website, "All customers age 70 or older must renew their driver license in person at a DMV office."
4Medical professionals are under legal obligation to report patients who suffer from specific physical and/or mental conditions. California Health and Safety Code 103900 -- Reporting disorders characterized by lapses of consciousness ("(a) Every physician and surgeon shall report immediately to the local health officer in writing, the name, date of birth, and address of every patient at least 14 years of age or older whom the physician and surgeon has diagnosed as having a case of a disorder characterized by lapses of consciousness. However, if a physician and surgeon reasonably and in good faith believe that the reporting of a patient will serve the public interest, he or she may report a patient's condition even if it may not be required under the department's definition of disorders characterized by lapses of consciousness..")
5California Vehicle Code 21061 -- Notice of reexamination; evidence of incapacity to operate vehicle (".a traffic officer may issue a notice of reexamination to any person who violates any provision of this division and who, at the time of the violation, exhibits evidence of incapacity to the traffic officer which leads the traffic officer to reasonably believe that the person is incapable of operating a motor vehicle in a manner so as not to present a clear or potential danger of risk of injury to that person or others if that person is permitted to resume operation of a motor vehicle. (b) For purposes of this section, "evidence of incapacity" means evidence, other than violations of this division, of serious physical injury or illness or mental impairment or disorientation which is apparent to the traffic officer and which presents a clear or potential danger or risk of injury to the person or others if that person is permitted to resume operation of a motor vehicle.")
6Private citizens may fill out a "DMV request for a driver reexamination" form if they believe that another person is unable to safely drive. While the DMV will not accept anonymous "tips" from anyone other than immediate family members, it will try to withhold identifying information from being released to the person reported, when possible.
7California Vehicle Code 13359 -- Grounds for suspension or revocation ("The department may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license.")
8California Vehicle Code 13950 -- Notice required ("Whenever the department determines upon investigation or re-examination that any of the grounds for re-examination are true, or that the safety of the person investigated or re-examined or other persons upon the highways requires such action, and it proposes to revoke or suspend the driving privilege of the person or proposes to impose terms of probation on his driving privilege, notice and an opportunity to be heard shall be given before taking the action.")
9California Vehicle Code 12814 -- Renewal of licenses; examination; extension; terms and conditions; selective testing ("The department, in its discretion, may require an examination of the applicant as upon an original application., or an examination deemed by the department to be appropriate in relation to evidence of a condition that may affect the ability of the applicant to safely operate a motor vehicle.")
10California Vehicle Code 14100 -- Demand for hearing ("Whenever the department has given notice, or has taken or proposes to take action under Section 12804.15, 13353, 13353.2, 13950, 13951, 13952, or 13953, the person receiving the notice or subject to the action may, within 10 days, demand a hearing which shall be granted, except as provided in Section 14101.")
11Per California DMV's website, "After the officer issues you the Priority Reexamination Notice, you must contact your local DMV Driver Safety office within five days or your driver license will be suspended. Instructions are included on the Priority Reexamination Notice."
12California Vehicle Code 12813 -- Restricted licenses ("(a) The department may, upon issuing a driver's license or after issuance whenever good cause appears, impose restrictions suitable to the licensee's driving ability with respect to the type of, or special mechanical control devices required on, a motor vehicle which the licensee may operate or impose other restrictions applicable to the licensee that the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.")
13See endnote 7 above
14Same
15California Vehicle Code 14105.5 -- Review of decision; stay; scope; notice; correction of errors ("14105.5. (a) The person subject to a hearing may request a review of the decision taken under Section 14105 within 15 days of the effective date of the decision.")
If you or a loved one faces misdemeanor or felony charges, contact our California criminal defense attorneys for help. We'd be glad to meet with you for a free consultation at one of our local criminal law offices in Los Angeles, San Francisco, Van Nuys, Pasadena, Long Beach, Orange County, Rancho Cucamonga, San Bernardino or Riverside.
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San Francisco CA 94111
(415) 333-0300
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Suite 1100
Orange, CA 92868
(714) 288-9455
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