Driver’s License Suspensions Due to Physical or Mental Conditions

A  DMV reexamination hearing (sometimes called a P&M hearing) is a hearing to determine whether a person’s driver’s license should be revoked because medical conditions make him or her unsafe to drive. These conditions can be physical or mental. But they must actually impact the driver’s ability safely to operate a motor vehicle.

Medical conditions are a common cause of driver’s license suspensions and restrictions for elderly drivers. But California drivers of all ages can be affected.

Conditions that commonly result in California driver’s license restrictions or suspensions include:

• Lapse of consciousness
• Alzheimer’s disease,
• Cataracts,
• Dementia,
• Diabetes, and
• Macular degeneration.

But any condition that can affect someone’s driving ability can lead to a suspended driver’s license.

Drivers are entitled to a hearing to prove they can safely drive

The good news is that the California DMV must give a driver the chance to prove that he or she can drive safely.

This is usually done at a DMV “reexamination hearing.” This is an in-person evaluation of a driver’s ability to operate a motor vehicle safely.

At the hearing, an examiner will try to determine if a driver has the necessary physical and mental skills to drive a car safely. For this reason, such a hearing is also called a “P&M” hearing (for “physical and mental”).

To help you better understand how to keep your driver’s license despite a medical condition, our California driving defense lawyers discuss, below:

• 1. What medical conditions can lead to a driver’s license suspension?
• 2. How does the DMV find out about physical or mental conditions?
• 3. What does the DMV do when it receives a report about a medical condition?
• 4. Can the California DMV suspend a license without a hearing?
• 5. What is a “driver medical evaluation” (“DME”) form?
• 6. California DMV “P&M” hearings (reexamination)
  • 6.1. Notice of a P&M reexamination hearing
  • 6.2. What happens if a driver does not request or does not attend a hearing?
  • 6.3. Priority vs. “regular” reexaminations
  • 6.4. What happens at a California DMV P&M hearing?
  • 6.5. What factors can the Department of Motor Vehicles consider?
  • 6.6. Can a driver be represented by an attorney?
• 7. “Defenses” against a P&M license suspension
• 8. Possible outcomes of a California P&M hearing
• 9. Challenging the DMV’s decision
  • 9.1. Departmental review
  • 9.2. Challenging a license suspension in court
• 10. License suspension for reasons other than physical or mental conditions
  • 10.1. DUI
  • 10.2. Negligent operator

1. What medical conditions can lead to a driver’s license suspension?

California Vehicle Code 12806 lets the DMV suspend a license for a medical condition. But the DMV may only do this if the condition actually affects someone’s ability to drive safely. ¹

Types of conditions that can lead to such suspension include:

• Alcoholism or drug addiction,
• Disorders that can cause a “lapse of consciousness” or “episode of marked confusion,” or
• Any other physical or mental condition that can affect a driver’s ability to operate a motor vehicle safely.²

Unfortunately, almost any condition can potentially fall within this last definition.

What are some common medical conditions that cause the DMV to restrict or suspend a license?

Common medical conditions that result in the DMV suspending or restricting a license include:

• Alzheimer’s disease and other forms of dementia,
• Epilepsy,
• Sleep disorders,
• Vision disorders, such as cataracts or macular degeneration, or
• Diabetes (which can cause a driver to have an increased risk of crashing).³

But any condition can lead to loss of driving privileges – either permanently or temporarily – if it affects driving ability.⁴

However, the DMV cannot restrict or take away driving privileges solely because a driver has one of these conditions. The condition must actually affect the driver’s ability to drive safely.⁵

2. How does the DMV find out about physical or mental conditions?

Any concerned party can alert the DMV about a condition that may affect a driver’s ability to drive safely. And some parties (such as doctors) are required by law to report certain conditions.⁶

Common sources of information about a driver’s condition include:

• Medical professionals,
• Law enforcement officers,
• Judges,
• Family members,
• Friends,
• Concerned private citizens, and
• Even the driver him- or herself (in a driver’s license application or during a visit to the DMV).

Duty of a doctor to report medical conditions to the DMV

Doctors are a particularly common source of information for the DMV. This is because California law requires them to report anyone who suffers from a condition that can lead to “lapses of consciousness.”⁷

This type of report is known as a “confidential morbidity report.” California law also gives doctors the discretion to report any other condition(s) that they believe may interfere with a patient’s driving ability.⁸

Example: Christine is a 65-year-old college professor who has just been diagnosed with the early stages of Alzheimer’s disease. So far her condition has not led to her having any lapses of consciousness while driving.

But without her even knowing about it, Christine’s doctor reports her condition to the DMV. The DMV then decides to investigate and sends Christine a reexamination notice.

Doctors are immune from lawsuits for reporting someone to the DMV in good faith. This is true even if it turns out that the doctor was wrong or if the reported disorder did not actually affect the patient’s driving ability.⁹

Other parties who commonly report a driver’s medical condition to the DMV

Only doctors are required by law to report medical conditions to the DMV. But other parties have the option to do so.

For instance, law enforcement officers and judges may request a DMV reexamination for people if they think someone’s driving might present a danger.

Example: A California Highway Patrol officer pulls Dave over for weaving between lanes. The officer notices that Dave’s face seems sweaty and his speech is slurred.

The officer suspects Dave of violating California’s DUI laws. He asks Dave to take a preliminary alcohol screening (PAS) test on a handheld Breathalyzer. Dave agrees (which he does not have to). The test shows no alcohol in Dave’s system.

Dave then tells the officer he is diabetic and the officer believes him. He lets Dave go with a warning, but reports him to the DMV. The DMV then investigates to see whether Dave’s condition prevents him from being able to drive safely.

Does a family member have to notify the DMV of concerns?

Family members, friends, and other private citizens are under no legal duty to report a medical condition to the DMV. But they may, if they want to, submit a California DMV “Request for Driver Reexamination” form.

Note that this form may not be submitted anonymously. The DMV does not accept anonymous “tips” about physical or mental conditions.

But this request is not a public record.¹⁰ It will remain confidential to “to the fullest extent possible.” This includes not disclosing to the driver the identity of the person who made the request.¹¹

Example: Andrew has diabetes, which he controls well with diet and insulin. His cousin Katie is angry at him over a family matter. Katie reports Andrew to the DMV, claiming that his diabetes interferes with his ability to drive safely.

Andrew receives a reexamination notice from the DMV. He asks who reported him, but the DMV does not tell him that it was Katie. But he does prove to the DMV’s satisfaction that he is able to drive safely despite his medical condition.

3. What does the DMV do when it receives a report about a medical condition?

After receiving a report about a driver, the DMV will do an initial risk assessment. Then it will typically do one of the following:

• Nothing (if the department decides nothing in the report indicates a risk);
• Request more information, in the form of a “driver medical evaluation” (“DME”) form, (discussed in Section 5, below);
• Schedule a “reexamination” of the driver (discussed in Section 6, below); or
• In rare cases, immediately suspend or revoke a driver’s license.¹²

Other options open to the DMV include the following (though typically the DMV will require a DME or reexamination first):

• Put the driver on medical probation and require future medical reports;
• Order the driver to complete a supplemental driving performance evaluation;
• Issue the driver a “limited-term license” and reevaluate the driver at the end of the term;
• Restrict where/when the driver can drive; or
• Require the driver to use certain, specified equipment (such as corrective lenses).

4. Can the California DMV suspend a license without a hearing?

The California DMV is not required to hold a hearing before suspending a license IF it believes that the driver poses an immediate safety risk. Otherwise, the DMV must schedule a “P&M” (physical and mental condition) hearing first.

But even if the driver’s license is immediately suspended or revoked, the driver has the right to request a hearing to contest it afterward.¹³

5. What is a “driver medical evaluation” (“DME”) form?

In some cases, after receiving a report about a driver, the DMV will require more information. In this case, it may ask the driver to submit a DMV “Driver Medical Evaluation” (“DME”) form.

This form requires the driver to provide the DMV with a comprehensive health history. The driver must complete and return the DME within 26 days.¹⁴ The driver must also sign the DME under penalty of prosecution for the California crime of perjury if the information is purposely false.

A DME also requires information from the driver’s doctor. Such information includes a medical diagnosis, treatment plan, and anything else that might relate to the patient’s driving ability.

The DMV will then review the DME. If it determines that the driver does not pose a safety risk, it will take no further action.

If the driver does not complete the DME the DMV can suspend the driver’s license.

6. California DMV “P&M” hearings (reexamination)

If the DMV decides a driver’s medical condition might pose a potential safety risk, it will schedule a “reexamination hearing.”¹⁵ This is an in-person evaluation to determine if a driver has the physical and mental skills to drive a car safely.

Other names for a DMV reexamination hearing include:

• P&M hearing,
• Lack of skill inquiry, or
• Medical suspension hearing.

The hearing will take place at a local California DMV driver safety office. It will be conducted by a DMV driver safety hearing officer.¹⁶

Hearing locations are accessible to persons with disabilities. The DMV will also do its best to reasonably accommodate special needs with advance notice.

6.1. Notice of a P&M reexamination hearing

Sometimes the DMV will simply notify a driver that it has scheduled a P&M hearing. In such a case, the date and location of the hearing will be printed on the notice. By law, the DMV must provide at least 10 days advance notice.¹⁷

In other cases, the notice will say that the driver has the right to request a hearing. If so, the notice will specify:

• The action the DMV proposes to take (such as a driver’s license suspension, restriction, etc.), and
• The reason(s) for the proposed action. ¹⁸

The driver will then have just 10 days from receipt of the notice to request a hearing from the DMV. ¹⁹ The DMV will then schedule a hearing that is at least 10 days later. ²⁰

6.2. What happens if a driver does not request or does not attend a hearing?

If a driver does not attend a scheduled hearing, the DMV will automatically suspend or revoke his or her license. ²¹ This suspension or revocation will remain unless and until:

• The driver requests another hearing,
• The DMV agrees, in its discretion to permit one, and
• The driver prevails at the rescheduled hearing.²²

If the driver does not timely request an optional hearing, the DMV will automatically take the action(s) set forth in the notice. The driver will not have the right to request a new hearing at a later date.²³

Example: Jeannie is diagnosed with macular degeneration. People with macular degeneration often experience difficulty driving at night.

As required by law, Jeannie’s doctor submits a confidential morbidity report to the California DMV.

The DMV notifies Jeannie that it intends to restrict to driving during daylight hours only. It also tells her that she can, within 10 days, request a P&M hearing to contest the restriction.

Thinking it is junk mail, Jeannie tosses out the notice. At the end of the 10-day period, the DMV places the restriction on her license. If Jeannie then drives at night, she risks being cited for driving without a valid license, California Vehicle Code 12500.

6.3. Priority vs. “regular” reexaminations

In special cases, the DMV may order what is called a “priority reexamination.” A priority reexamination may be ordered after:

1. A law enforcement officer personally observes someone violate a traffic law, and
2. That person exhibits signs of physical illness, mental impairment, or disorientation, and
3. The officer reasonably believes that it would be dangerous to allow the person to continue driving.²⁴

A priority reexamination is exactly the same as a regular P&M hearing except that the driver has just five (5) days in which to request a hearing. The 5-day period starts running when the driver receives the “Priority Examination Notice” from the DMV.

If the driver does not request a hearing within this 5-day period, his or her license may be suspended without further proceedings.²⁵

6.4. What happens at a California DMV P&M hearing?

During a P&M hearing, the DMV will decide if a driver has the physical and mental skills needed to safely drive. To do this, the hearing officer may:

• Review the driver’s DME form (if any),
• Ask the driver questions about his/her driving history and specific incidents (if any) on the driver’s record,
• Hear testimony from the driver and/or his or her physician, and
• Have the driver take a written, vision, and/or driving skills test.²⁶

6.5. What factors can the Department of Motor Vehicles consider?

During a medical suspension hearing, the DMV officer will be checking for physical and/or mental limitations.

Factors the DMV will consider during the reexamination include the driver’s:

• Physical abilities, such as strength, coordination, and mobility;
• Physical limitations or restrictions, if any;
• Sensory functions, such as vision and hearing;
• Mental capabilities, such as attention and judgment;
• Knowledge of the rules of the road;
• Medical history, including whether the condition is current;
• Aggravating factors, such as drug and/or alcohol use, stress or lack of sleep;
• Ability to control the medical condition with treatment; and
• The driver’s understanding and awareness of his/her limitations.

But the mere existence of one or more limitations is not enough for the DMV to suspend a driver’s license.

The condition(s) must have an actual negative impact on driving. There must be facts in the record that show this.

6.6. Can a driver be represented by an attorney?

People have the right to be represented by a lawyer at during a P&M hearing. But this lawyer will be at the driver’s own expense. Since a DMV proceeding is not a criminal proceeding, the state will not provide a lawyer for free if the driver cannot afford one.

Nevertheless, representation by an experienced California driving defense lawyer can be enormously valuable in helping a driver “pass” a DMV reexamination.

7. “Defenses” against a P&M license suspension

A P&M hearing is supposed to be a neutral evaluation of a driver’s ability to operate a motor vehicle safely. But there are certain facts a driver and his or her attorney can call attention to.

Let’s take a quick look at some of these “defenses” against a P&M license suspension.

The driver is currently able to drive safely

A driver may have a physical or mental condition that affected his or her driving in the past. But if it is currently under control, it should not be a cause for a license suspension.

As Burbank DMV hearing attorney John Murray²⁷ explains:

“The hearing officer at a P&M reexamination should focus only on your current ability to drive safely. In order to be successful at a reexamination, a driver should focus on why he or she is now fit to drive and why the DMV should continue to allow the driver to do so.”

The driver’s condition does not affect his/her ability to drive safely

Suffering from a physical or mental condition isn’t enough to warrant a restriction on driving. The condition must actually affect a driver’s ability to operate a motor vehicle safely.²⁸

The DMV must be able to point to facts in the record that support such a conclusion.

During the P&M hearing, the driver and his/her attorney will have the opportunity to explain or rebut the DMV’s evidence. The driver will also be allowed to provide new medical evidence to show that he or she should be allowed to continue driving.

This new and/or rebuttal evidence can take the form of written documents and/or witness testimony on your behalf. The driver’s doctor is obviously a good choice for a witness.

He or she may be able to testify that the patient’s condition either:

• Is one that does not affect the ability to drive safely, or
• Is being controlled by medication or other treatment.

If the doctor is unable to testify, a detailed letter (in addition to the DME) explaining the above may be helpful.

Other potentially helpful evidence can include:

• A California driving record free or light on accidents and traffic citations, and/or
• Testimony of family, friends, and/or others who are familiar with how the person drives.

The driver can compensate for a medical condition

A driver may be able to show that he/she can compensate for conditions that would otherwise impair driving ability. Factors that may show that a driver is able to compensate include:

• Vehicle equipment, such as extra mirrors or a car that is easy to drive;
• An adjustment in physical habits, such as following distance or brake usage; and
• Adjustments in the driving environment, such as driving only during the day or avoiding certain routes.

It may also be a good idea to enroll in—and, if possible, complete—a driver’s safety course prior to the medical suspension hearing.

Taking a driver’s safety course will show that the driver is taking the situation seriously. It will also help the driver prepare for the written and driving tests he or she will likely be given during the reexamination.

8. Possible outcomes of a California P&M hearing

DMV hearing officers have a variety of options for people whose driving ability is affected by a medical condition. They range from letting the person continue driving (with or without restrictions) to permanently revoking the driver’s license.

The DMV will notify the driver in writing of the hearing officer’s decision. The driver has the right to appeal the officer’s decision, as set forth in Section 9, below.

The actions the DMV can take after a P&M hearing are:

• Let the person keep his or her license without any restrictions.
• Schedule a “calendar” (follow-up) reexamination to obtain more information.
• Place the driver on “Medical Probation I” (which requires the driver to comply with a specific medical regimen and to report any medical changes to the DMV).
• Place the driver on “Medical Probation II” (similar to Medical Probation I, but also requires the driver to submit annual medical reports even if nothing has changed).
• Issue the driver a limited term license for one or two years and require the driver to return at the end of that time for reevaluation.
• Issue a restricted license, allowing the person to drive as long as he or she complies with specific conditions such as:
  • Wearing corrective lenses,
  • Equipping his/her vehicle with certain safety features (such as hand pedals or extra mirrors),
  • Not driving at night, or
  • Not driving at certain challenging times or places, such as at rush hour or on the freeway;
• Suspend the driver’s license (allowing the driver to get it back if the driver later proves he/she no longer presents a safety risk; or
• Permanently revoke the driver’s license (if the hearing officer determines the condition cannot be compensated for and is unlikely to improve).

9. Challenging the DMV’s decision

Someone who disagrees with the DMV’s decision regarding a medical condition is not out of luck. The DMV and California law offer various ways to appeal the outcome of a P&M hearing.

9.1. Departmental review

A driver who is not happy with the outcome of a DMV hearing may request a “departmental review.” This request must be made within fifteen (15) days of notice of the original hearing officer’s decision. ²⁹

In most cases, requesting a department review postpones any suspension ordered by the hearing officer. Instead, it won’t go into effect until the review is finished.³⁰

The DMV will then review the reexamination and hearing records, including all the evidence presented. It will determine whether the hearing officer made the correct decision. A driver does not need to attend another hearing after asking for a departmental review.

9.2. Challenging a license suspension in court

A driver also has the right to challenge a medical condition license suspension in California Superior Court. The challenge must be filed within:

• Thirty-five (35) days after notice of the results of a P&M hearing, or
• Ninety-five (95) days after notice of the results of a departmental review (if one was requested).

The challenge is made by filing a “Petition for Alternative Writ of Mandate.” The deadlines and process for doing so are complicated. Hiring an experienced California DMV attorney is recommended. ³¹

10. License suspension for reasons other than physical or mental conditions

10.1. DUI

Another common type of suspension is a driver’s license suspension for a California DUI.

A DUI arrest will trigger an automatic license suspension. People facing this type of suspension have the right to challenge it in a California DUI DMV hearing.

10.2. Negligent operator

The California DMV also suspends licenses of drivers who are so-called “negligent operators.”³²

This occurs when a driver accumulates a certain number of “points” on his/her official DMV record. Someone can accumulate points for:

• Moving violations (such as speeding or reckless driving),
• Vehicle-related criminal convictions, such as:
• Driving on a suspended license,
• “Hit and run,”
• “Wet reckless” DUI plea bargain, or
• “Dry reckless” DUI plea bargain; or
• Being involved in an accident in which the driver was at fault.³³

Much as with medical conditions, drivers have the right to challenge negligent operator suspensions of their licenses.

Need help challenging a California driver’s license suspension? Call us…

If you or a loved one needs help challenging a DMV license suspension, we invite you to contact us for a free consultation.

Call us at 855-LAWFIRM to speak to someone about your situation.

We have local law offices and experienced California DMV lawyers throughout the state.

We also have offices in Las Vegas and Reno and may be able to help if you are facing suspension of a driver’s license for a medical condition in Nevada.

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