DMV Reexamination – How to Win the Hearing

A reexamination is a proceeding in which the DMV reevaluates your ability to drive safely. An inquiry takes place because the DMV receives information casting doubt as to your driving skills. Common reasons include a physical or mental condition such as seizures or narcolepsy.

The reexamination process generally involves an interview of you and an examination of the evidence. It may also involve a live hearing in which you can be represented by legal counsel.

Following the proceedings, a hearing officer may order the following:

• suspension of your driving privileges,
• reinstatement of your driving privileges,
• a driver medical evaluation to gain more insight into any physical or mental impairment, or
• that you can continue driving by way of a restricted permit.

A variety of parties may have contacted the DMV and provided evidence of unsafe driving. Some include:

• your doctor or surgeon who was obligated by law to contact the DMV,
• emergency medical personnel that treated you,
• a DMV employee that observed a suspect condition.

If a hearing results in the suspension or revocation of your license, then you can appeal the DMV’s decision.

Our DMV hearing lawyers will discuss the following in this article:

• 1. What is a reexamination hearing?
• 2. How do I win a hearing?
• 3. What happens during a reexamination hearing?
• 4. Who typically informs the DMV of at-risk drivers?
• 5. What if the DMV takes away my driving privileges?

1. What is a reexamination hearing?

The California DMV conducts a reexamination hearing in order to:

1. obtain and evaluate information about you, and
2. determine if you are still able to drive safely.¹

The DMV calls for the hearing after:

• it receives certain information, and
• that information suggests that you pose a risk to traffic safety.²

Examples of when a reexamination hearing might take place are when the DMV learns of:

• a physical or mental condition you have,
• a lapse of consciousness you have while driving,
• you causing multiple accidents in a 12-month period,
• traffic law convictions on your driving record,
• your reckless driving habits,
• your negligent driving habits, or
• you fraudulently using a driver’s license.³

2. How do I win a hearing?

You win a hearing by convincing the DMV that:

1. you can drive safely, and
2. this is true even despite the evidence the Department received.

You best accomplish this goal by:

• getting help from an experienced DMV hearing lawyer,
• learning of the reason for the hearing and preparing for any possible questions,
• getting familiar with the hearing process,
• obtaining and then showing the DMV records that support your ability to drive,
• getting statements from friends/family that show the same, and
• passing any relevant test (written, vision, or “behind-the-wheel).

Note that at the completion of this hearing, a hearing officer may order:

1. the reinstatement of your driving privileges (if previously removed),
2. a medical probation,
3. a restricted driving permit or license,
4. a license suspension, or
5. the revocation of your driving privileges.⁴

In general, you “win” a hearing if you leave it and are still allowed to drive.

3. What happens during a reexamination hearing?

A reexamination is usually conducted in a DMV regional office.

The hearing is conducted by a DMV driver safety hearing officer. This person is a DMV employee and is not:

• a lawyer, or
• a judge.

The hearing often includes two separate phases. These are the:

• interview stage, and
• hearing stage.

The reexamination interview stage is when the hearing officer conducts a taped interview of you. The officer asks questions concerning why you may no longer be able to drive safely. Depending on the answers, the hearing officer may:

• suspend your license,
• after the completion of the interview.

If a suspension occurs after an interview, then a hearing is scheduled. The hearing takes place within 14 days of the interview. The hearing is your opportunity to show the DMV that:

1. it should reverse the decision it reached at the interview, and
2. you pose no risk to traffic safety.

You may present evidence of your safe driving during the hearing. This evidence may include:

• medical records,
• statements from friends and family,
• test results, and
• any relevant videos.

If you show you can drive safely, the hearing officer may reverse its initial decision.

4. Who typically informs the DMV of at-risk drivers?

A variety of parties may have contacted the DMV and provided evidence of unsafe driving.

Some include:

• your doctor or surgeon who was obligated by law to contact the DMV,
• emergency medical personnel that treated you,
• a DMV employee that observed a suspect condition,
• your friends or family,
• a police officer, or
• your driving record may have alerted the DMV about accidents/citations.

5. What if the DMV takes away my driving privileges?

If a hearing results in the suspension or revocation of your license, you can:

• request a DMV hearing, and
• try to challenge the Department’s decision.⁵

Note that DMV administrative hearings are separate from criminal hearings. They differ in three main ways:

1. they are held at the DMV while criminal hearings are held in court,
2. they are held before a hearing officer instead of a judge, and
3. the standards used to consider evidence are less strict than those used in court.⁶

At the completion of the hearing, the DMV may decide to:

• overturn its decision reached at the reexamination hearing, or
• order that the decision remain in effect.

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