Drivers License Suspensions Due to Physical or Medical Conditions

A California DMV "P&M" Reexamination Hearing

The California DMV will restrict, suspend, or revoke your driver's license if it believes that you suffer from a physical or medical condition that affects your ability to drive safely.¹ Doctors are required to report conditions that are characterized by "lapses of consciousness," Alzheimer's disease, and all "related" disorders.²

Some of these related conditions include those that are more commonly recognized as dangerous, including dementia³, epilepsy, and seizures.

Some are less obvious and include (but are not limited to) cataracts⁴, macular degeneration⁵, and diabetes mellitus⁶.

The bottom line is that the DMV may take action based on any condition or disorder that might affect your physical coordination, strength, agility, alertness, judgment, attention, or any other skill that is essential to safe driving.⁷

If the DMV believes that you have one of these conditions, it will take action against your license unless you act quickly. Once the department notifies you that it intends to take action, you only have ten (10) days to request a physical and mental evaluation (otherwise known as a "reexamination" or "P&M " hearing."⁸

The bad news is that specific physical and mental conditions can truly inhibit safe driving. In addition, the DMV is often ill-informed about--and may even be ignorant--to the issues presented by certain conditions.

The good news is that many people who suffer from mental and/or physical conditions can nevertheless drive safely.especially if they receive proper medical treatment. Experienced legal representation and expert testimony can be quite helpful in explaining to the DMV that one's condition is under control.

In this article, our California DMV hearing lawyers will provide a comprehensive guide to understanding when the DMV can take action against your license due to a medical or physical condition.and, more importantly, how to successfully defend against such an action.

Topics that will be addressed include:

How Does the DMV Find Out About My Physical or Mental Condition?

What is a Reexamination?

What Type of Evidence Should I Introduce at My California P&M Hearing?

What is the Difference between a Priority Reexamination and a "Regular" Reexamination?

What Type of Action Can the DMV Take Against My License?

If, after reading this article, you would like more information, we invite you to contact us at one of our local law offices.

How Does the DMV Find Out About My Physical or Mental Condition?

The DMV may consider information from any source in order to determine whether to reexamine or investigate your driving abilities. The Department may receive information about your alleged physical and/or mental condition(s) from

• law enforcement officers,



• judges,



• medical professionals,



• concerned family members, friends, or other private citizens, or even



• you (if, for example, you indicate on your driver's license application that you suffer from a physical or mental condition that may affect your driving).

Law enforcement officers (and judges) have the discretion to request a reexamination for anyone whom they believe may be unable to drive safely.

As previously stated, doctors are required by law to report anyone who suffers from specific conditions. They are also given the discretion to report other conditions that they believe may interfere with one's ability to drive safely.⁹

Family members, friends, and other private citizens are under no legal duty to report you when they believe that your physical or mental state has rendered you an unsafe driver. However, they will often contact the DMV out of concern and what they believe to be a moral duty. These individuals must fill out a "DMV request for a driver reexamination" form in order for the DMV to investigate their claim.

Although the DMV will only accept anonymous "tips" from immediate family members, it will do its best to withhold your identity from the person you are reporting, if possible.

Once the California DMV receives information from any of the these sources, it has several options:

1. the Department may request that you and your doctor submit a form known as a "DMV driver medical evaluation" or DME. This document provides medical information about your alleged condition. Failure to present this form may result in an automatic suspension of your license.¹⁰ If you do submit the DME, and the DMV determines that you do not pose a safety risk, no further action will be taken,



2. the DMV may conduct a "reexamination" either in person or by phone,



3. the DMV may conduct a "priority reexamination", or



4. the DMV may immediately suspend or revoke your license if it believes that you pose an immediate safety risk.¹¹

What is a California DMV Reexamination?

A reexamination hearing (also commonly referred to as a "lack of skill" inquiry, a "P&M" hearing, and a "medical suspension" hearing) is basically an evaluation of your driving ability. The purpose of the hearing is to determine if you have the necessary physical and mental skills to drive a car safely.

Although this article discusses reexamination in the context of physical and mental conditions, other issues will invite a reexamination as well. A reexamination may also be initiated if (1) the department suspects that, due to your age, you may no longer be able to safely operate a car (often disguised as a P&M investigation), or (2) you've been declared a negligent operator.¹²

The reexamination takes place at a local California DMV driver safety office and is conducted by a DMV hearing officer. During your reexamination, the hearing officer will evaluate your driving skills.¹³ In order to do this, he/she will review your DME form and accept testimony from you and/or your physician.

With respect to the DME, you are required to complete a comprehensive health history that you must sign under penalty of perjury. Providing false information on the form could subject you to prosecution for the California crime of perjury. The DME also requires your doctor to provide information about your diagnosis, treatment, and any problems as they may relate to your driving ability.

To guide in the DMV hearing officer's evaluation, he/she will focus on a variety of factors including, but not limited to

• your strength and coordination



• your seeing and hearing capabilities



• your ability to concentrate



• your knowledge about driving laws or "the rules of the road"



• your ability to steer and control the pedals



• the history of your physical and/or mental condition



• your doctor's recommendation



• aggravating factors (such as drug or alcohol abuse, stress, or an inability/unwillingness to avoid/control aggravating factors), and



• any positive steps that you are taking to monitor, control, and/or treat your condition

During your "P&M" hearing, you will likely be asked to complete a written, vision, and/or driving test.¹⁴

If you do not attend your P&M hearing, the DMV will automatically suspend or revoke your license. The DMV's action will remain in effect until you reschedule and appear for another hearing.

What Type of Evidence Should I Introduce at My California P&M Hearing?

Your emphasis during your physical and mental abilities DMV hearing should always be on your current ability to drive safely. Focus on why you are now fit to drive and why the DMV should let you continue to do so.

It is important to understand that suffering from a physical or mental condition isn't enough to warrant a restriction on your California driver's license. There must be a direct correlation between your condition and your ability to safely operate a car.

In order to dispute that this connection exists, you are entitled to introduce evidence, witnesses, and testimony on your behalf. If you have the financial means, you also have the right to be represented by a California DMV hearing lawyer who will help present your case. ¹⁵

If your doctor testifies that your condition (1) doesn't affect your ability to drive safely, or (2) is controlled by medication, you have a good chance of keeping your license. If your doctor is willing to submit a detailed letter (in addition to the DME) as to why he/she believes that you should be able to retain your California driving privileges, that may be helpful as well.

In addition, it is a good idea to enroll in and complete a driver's safety course prior to your medical suspension hearing. If you can prove that you can compensate for your condition by driving carefully, this can only enhance your chances of keeping your license. Taking a driver's safety course is also evidence of the fact that you are taking your situation seriously.

Incidentally, taking a driver's safety course will help you prepare for the written and driving tests that you will likely need to complete during your "lack of skill" inquiry.

What is the Difference between a Priority Reexamination and a "Regular" Reexamination?

A priority reexamination (or a priority "reex") may be initiated by any law enforcement officer who, based on a personal observation, believes that you are an unsafe driver due to your mental or physical condition.¹⁶

Unlike a regular P&M hearing, a priority reexamination is just that -- a priority. In order to avoid an automatic suspension/revocation, you only have five (5) days to request this hearing once the officer issues you a priority reexamination notice.¹⁷

There is no difference in the actual proceedings themselves. You still have the right to be represented by a California DMV hearing attorney and to present evidence on your behalf.

If during your Physical & Mental Reexamination or your priority "reex", the DMV hearing officer isn't convinced by your evidence.and believes that you are, in fact, a safety risk to yourself or others.he/she will likely take action against your driving privilege.

What Type of Action Can the California DMV Take Against My License?

As previously stated, if your DMV hearing officer determines that your condition has no adverse effect upon your driving, your drivers license will not be affected. If the hearing officer finds otherwise, your license may be (1) suspended until your medical condition is corrected, or (2) permanently revoked if the DMV doesn't believe that your condition is curable.

If this happens, you must not drive unless and until your license gets reinstated. Driving on a suspended license in California is a crime and could subject you to jail time, an impounding of your car, fines and other penalties.

If the hearing officer finds that you pose a safety risk, the DMV has several options:

• Schedule a "calendar" reexamination. A calendar reexam is a "follow up" reexamination. This may be scheduled if, for example, the hearing officer wants to see additional medical information from you.



• Place you on "Medical Probation I". This level of probation requires you to comply with a specific medical regimen and to report any medical changes to the DMV.



• Place you on "Medical Probation II". If placed on this type of probation, annual medical reports must be submitted to the DMV on a specified date.



• Issue you a limited term license. This type of license is issued for one to two years and requires you to return to the DMV for reevaluation and/or follow-up testing.



• Issue a restricted license. Depending on the specific limitations of your condition, you may be required to equip your vehicle with certain safety features (hand pedals, for example).



• Suspend your license. If a suspension is imposed, it bears repeating that you may be eligible to have your license reinstated when you can present additional information to prove that your physical and/or mental condition is under control and no longer presents a safety risk. Until then, you must not drive as driving with a suspended license in California is a crime.



• Revoke your license. If the department feels that there is no safe way for you to drive a car, it will permanently revoke your driving privilege.

You will be notified in writing as to the DMV's decision.¹⁸

If you disagree with the department's decision, you have the right to appeal. You can either request a DMV review or appeal to the California Superior Court. The time frame for your appeal and additional information regarding your right to appeal will be found on the notice advising you of the DMV's action.

For more information about California DMV P&M hearings or to confidentially discuss your case, please don't hesitate to contact us. We have local law offices in Los Angeles, the San Francisco Bay area, Ventura, San Bernardino, and all nearby areas.

Additional Resources:

California DMV Physical and Mental Evaluation Guidelines-
Detailed information about P&M hearings

California DMV's Reexamination Process-
Explanation about the reexamination process

California DMV - Drivers who no longer have the ability to drive safely-
Some frequently asked questions related to this topic

Legal References:

¹California Vehicle Code 12806(c) -- Refusal to issue or renew driver's license; discretionary grounds ("The department may refuse to issue to, or renew a driver's license of, any person:(c) Who has a disorder characterized by lapses of consciousness or who has experienced, within the last three years, either a lapse of consciousness or an episode of marked confusion caused by any condition which may bring about recurrent lapses, or who has any physical or mental disability, disease, or disorder which could affect the safe operation of a motor vehicle unless the department has medical information which indicates the person may safely operate a motor vehicle. In making its determination, the department may rely on any relevant information available to the department.")

²California 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.(b) The local health officer shall report in writing to the Department of Motor Vehicles the name, age, and address, of every person reported to it as a case of a disorder characterized by lapses of consciousness.(d) The department, in cooperation with the Department of Motor Vehicles, shall define disorders characterized by lapses of consciousness based upon existing clinical standards for that definition for purposes of this section and shall include Alzheimer's disease and those related disorders that are severe enough to be likely to impair a person's ability to operate a motor vehicle in the definition.The department shall consult with professional medical organizations whose members have specific expertise in the diagnosis and treatment of those disorders in the development of the definition of what constitutes a disorder characterized by lapses of consciousness as well as definitions of functional severity to guide reporting so that diagnosed cases reported pursuant to this section are only those where there is reason to believe that the patients' conditions are likely to impair their ability to operate a motor vehicle.")

³California DMV -- "Dementia" ("Reexamination is only appropriate for drivers whose dementia is still diagnosed as mild. Drivers with a medical diagnosis of moderate to severe dementia need no further testing because progression of the disease beyond the mild stage of dementia renders the person unsafe to drive.")

⁴National Highway and Traffic Safety Administration -- "Driving When you Have Cataracts" ("Having a cataract can make it harder for you to see the road, street signs, other cars, and people walking because a cataract clouds the eye's lens.")

⁵National Highway and Traffic Safety Administration -- "Driving When you Have Macular Degeneration" ("Macular degeneration can distort your central vision and can lead to loss of sharp vision. Macular degeneration also can make it difficult to see road signs, traffic, and people walking, and may affect your ability to drive safely.")

⁶California DMV -- "Diabetes Mellitus" ("The evaluation of a driver with diabetes must include questioning that is sufficiently thorough to collect the specifics of his/her treatment regimen and its effectiveness."). See also, National Highway and Traffic Safety Administration -- "Medical Conditions and Driving: A Review of the Literature. Section 9: Metabolic Diseases; 9.1 Diabetes Mellitus" (".studies done in the United States generally show either an increased crash risk or a trend toward increased crashes for individuals with diabetes mellitus (Crancer and McMurray, 1968; Hansotia and Broste, 1991; Koepsell, Wolf, McCloskey, et al., 1994; Songer et al., 1988; Waller, 1965).")

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 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.")

⁹See endnote 2 above

¹⁰California Vehicle Code 13801 -- Reexamination by the department ("In addition to the investigation, the department may require the re-examination of the licensee, and shall give 10 days' written notice of the time and place thereof. If the licensee refuses or fails to submit to the re-examination, the department may peremptorily suspend the driving privilege of the person until such time as the licensee shall have submitted to re- examination. The suspension shall be effective upon notice.")

¹¹California Vehicle Code 13953 -- Alternative action (".in the event the department determines upon investigation or reexamination that the safety of the person subject to investigation or reexamination or other persons upon the highways require such action, the department shall forthwith and without hearing suspend or revoke the privilege of the person to operate a motor vehicle or impose reasonable terms and conditions of probation which shall be relative to the safe operation of a motor vehicle. No order of suspension or revocation or the imposition of terms or conditions of probation shall become effective until 30 days after the giving of written notice thereof to the person affected, except that the department shall have authority to make any such order effective immediately upon the giving of notice when in its opinion because of the mental or physical condition of the person such immediate action is required for the safety of the driver or other persons upon the highways.")

¹²California Vehicle Code 13800 -- Investigation by the department ("The department may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed upon receiving information or upon a showing by its records:. (d) That the licensee is a reckless, negligent, or incompetent driver of a motor vehicle.(f) That any ground exists for which a license might be refused.")

¹³California 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.")

¹⁴California Vehicle Code 12804.9 -- Examination and driving test ("a)(1) The examination shall include all of the following: (A) A test of the applicant's knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways. (B) A test of the applicant's ability to read and understand simple English used in highway traffic and directional signs. (C) A test of the applicant's understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation. (D) An actual demonstration of the applicant's ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer.(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant's mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.

¹⁵Unlike a California criminal court proceeding, the state is not required to provide you with an attorney for a DMV hearing.

¹⁶California Vehicle Code 12818 -- Reexamination upon request; actions relating to driving privilege; notice of results to law enforcement agency ("(a) Upon receipt of a request for reexamination and presentation of a legible copy of a notice of reexamination by a person issued the notice pursuant to Section 21061.the department shall reexamine the person's qualifications to operate a motor vehicle"). See also Cal. Veh. 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.")

¹⁷California DMV website -- ("The peace officer may also issue the person a citation for the driving offense and give you the Priority Reexamination Notice. You may be referred to DMV even if you were not cited for a driving offense. 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.")

¹⁸California DMV website -- Following a reexamination, the DMV hearing officer will take one of the following administrative actions:

No Action: Your condition or driving record does not warrant an action against your driving privilege.

Medical Probation (Type I): You must comply with your medical regimen and report to DMV any changes in your medical condition.

Medical Probation (Type II): Your physician must submit periodic medical reports to DMV on specified dates.

Limited Term License: You are issued a license for up to two years, and you are required to return to DMV for reevaluation and potential retesting.

Calendar Reexamination: You are required to appear for a reexamination at specified intervals, provide updated medical information, and submit to possible retesting.

Restriction: You may only operate a motor vehicle under specific conditions and circumstances, such as: driving during certain times of the day, driving within certain geographical areas, or having your vehicle equipped with specialized equipment.

Suspension: Your driving privilege is suspended for an indefinite period of time. Your driving privilege can be reinstated at any time if you can show that you are compensating for a physical or mental condition, or your driving behavior no longer presents a safety risk.

Revocation: Your driving privilege is terminated. Generally this action is taken when your physical or mental condition is so severe it does not appear likely that your condition will ever improve, or a driving incident is so severe that you present a safety risk.

DMV will notify you in writing of any action taken.

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