Certain medical conditions may prohibit or restrict your Nevada driving privileges. Once notified of the problem, the Nevada DMV will do one of three things:
- If your condition involves lapses of consciousness, the DMV will usually ask you to give up your license for 90 days voluntarily. At any time following that, you may present the DMV with a doctor’s certification that you are able to drive, and you will be re-issued your license, with or without restrictions.
- If your doctor or a family member has expressed doubts about your ability to drive, the DMV may ask to you come in for an examination. If you fail, you will usually be permitted to retake the tests. However, your license may thereafter be subject to restrictions, including that you be re-examined on a yearly basis.
- If your doctor has expressed the view that you are unfit to drive, your license may be revoked or suspended right away. However, in such a case, you are still able to reinstate your license upon obtaining subsequent medical clearance.
If you feel you were unfairly deprived of your driving privileges, you have the right to appeal your license suspension or revocation at an administrative hearing (“DMV hearing”). Having a lawyer with you can often mean the difference between losing and retaining your driving privilege.
Keep reading to learn more about Nevada laws for driving with medical restrictions.
Self-Reporting of Medical Conditions – NAC 483.330
You are required to report certain medical conditions when applying for or renewing a driver’s license in Nevada. These include:
- A lapse of consciousness occurring within the last 3 years as a result of a condition which can cause a lapse of consciousness, including, without limitation, epilepsy, diabetes, frequently reoccurring fainting or dizzy spells caused by major medical problems and major head injuries or any other injuries or ailments resulting in lapses of consciousness.
- A cardiovascular ailment or related ailment occurring within the last 3 years which may interfere with your ability to operate a motor vehicle safely, including, without limitation, myocardial infarction, angina pectoris, coronary insufficiency, thrombosis or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse or congestive cardiac failure.
- A mental, nervous or functional disease or psychiatric disorder which is likely to interfere with your ability to operate a motor vehicle safely.
- Rheumatic, arthritic, orthopedic, muscular, neuromuscular or vascular disease which may interfere with your ability to control and operate a motor vehicle safely.
- Three convictions of driving under the influence within the last 4 years.
- A visual acuity worse than 20/40 (Snellen) in both eyes with corrective lenses.
- Any other medical problem which may interfere with the safe operation of a motor vehicle, such as a hearing impairment, limited mobility, or inability to reach the pedals.
The Department will not charge a fee if you are required to add a restriction to your license as a result of a medical condition.
Reports from Physicians, Police, or State Agencies — NAC 483.300
The Nevada DMV may suspend or restrict your license based on information received from physicians, law enforcement, or the courts.
Note that your physician is required by law to submit such information to the DMV if they believe your medical condition will affect your ability to drive.
Upon receipt of such information, the Nevada DMV will consider it true unless sufficient proof is presented to indicate otherwise.
For more information, see Nevada’s Confidential Physician’s Report form.
Examination Requests by Relatives — NRS 483.363
Concerned relatives may submit reports to the Nevada DMV questioning your fitness to drive. The DMV will then give you at least five days notice to submit to a medical examination to determine whether you are fit to drive, with or without restrictions.
If you fail to answer or do not submit to the examination, the DMV may suspend or revoke your driver’s license. However, you have the right to request reinstatement of your license, subject to satisfactory completion of the DMV’s requirements for reinstatement.1
In addition, you have the right to appeal any suspension of your license following re-examination. We can help you put together your case and the information you will need for a successful appeal.
For more information, see Nevada’s DMV Request for Re-Evaluation form.
Doctors must report you to the DMV if they believe you cannot drive safely.
Licenses with Medical Restrictions — NAC 483.350
Depending on the results of your medical tests, the Nevada DMV may issue you a driver’s license that is subject to medically related restrictions. Such restrictions include (but are not limited to):
- Restriction B – Corrective lenses.
- Restriction C – Mechanical or adaptive device.
- Restriction D – Prosthetic aid.
- Restriction F – Outside mirrors.
- Restriction G – Daylight driving only.
- Restriction JB – Driving test every 6 months.
- Restriction JC – Eye test every 6 months.
- Restriction JF – Must have wink mirrors.
- Restriction JK – Left foot accelerator.
- Restriction JT – Speed not to exceed 45 miles per hour.
- Restriction 1 – Telescopic device.
- Restriction 2 – Hearing aid.
- Restriction 4 – Grip on steering wheel or power steering.
- Restriction 5 – Directional signals
- Restriction 6 – Yearly vision examination.
- Restriction 7 – Yearly medical letter.
- Restriction 8 – Yearly driving test.
- Restriction 9 – Seat cushion or automatic seat.
- Additional restrictions as determined by the DMV following the recommendations of your physician.2
Drivers 65 and Older
Nevada law requires drivers age 65 and older to renew their licenses in person. Licenses issued to seniors are good for 4 years (as opposed to 8 years for most other drivers).
Drivers age 70 and older are also required to undergo a brief physical evaluation in order to obtain a renewal of their license.
How to Obtain a DMV Hearing
If the DMV refuses to re-issue your license, you have the right to appeal the decision.
You must request a hearing in writing from your nearest DMV hearings office. Nevada has three hearings offices located at:
Las Vegas
2701 E. Sahara Ave.
Las Vegas, NV 89104-4170
(702) 486-4940
Carson City
555 Wright Way
Carson City, NV 89711-0400
(775) 684-4574
Elko
3920 E. Idaho Street
Elko, NV 89801-4970
(775) 753-1239
We can request the license hearing on your behalf if you wish us to represent you at the hearing. Find more information at the Nevada DMV’s webpage on License Suspensions & Revocations.
What to Expect at Your Nevada DMV Hearing
Your hearing will take place at the Nevada Office of Administrative Hearings. A hearing officer will preside. You can represent yourself or have an attorney represent you.
There are no fees for this proceeding, and it is open to the public and recorded on audio tape. Casual dress is acceptable.
A DMV hearing is conducted in much the same way as any other trial, including (without limitation):
- Witnesses testify under oath and may be cross-examined.
- The hearing officer may consider settlement offers.
- The hearing officer must consider all appropriate statutes, regulations and case law.
- The hearing officer may or may not issue an immediate ruling, depending on the complexity of the case.
If your license is not restored, you have the right to appeal the judge’s decision in court. However, this process does require filing fees.
DMV Hearings vs. Civil or Criminal Cases
Note that if your suspension resulted from an accident, there may be separate criminal charges against you. You also may face a civil suit for damages by another person involved in the accident. If so, these cases are entirely separate from your DMV hearing.
In short, restoration of your driving privileges will not result in the dismissal of any other case against you. Nor will a dismissal or resolution of other cases affect your driver’s license status.
If you lose your DMV hearing, you can appeal.
How can a lawyer help me?
Our experience in court allows us to present your case to the judge in a straightforward and persuasive manner. We can subpoena witnesses who can testify on your behalf and cross-examine the witnesses against you (if any) to find the weaknesses in their testimony.
We also thoroughly review the record to look for any procedural mistakes that might have been made and for evidence that will allow you to keep your driving privilege. We may even be able to negotiate directly with the Nevada DMV to keep you from having to request a hearing in the first place.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Physician input and licensing of at-risk drivers: A review of all-inclusive medical evaluation forms in the US and Canada – Accident Analysis and Prevention.
- American Academy of Neurology position statement on physician reporting of medical conditions that may affect driving competence – Neurology.
- Rethinking epilepsy diagnosis and medical fitness to drive laws – Journal of Transport & Health.
- Keeping Sleepy People off the Road: The Responsibility of Drivers, Doctors, and the DMV – AMA Journal of Ethics.
- Physician reporting of medically impaired drivers – The Journal of Emergency Medicine.
Also see our related article, Who reports seizures to the DMV in Nevada?
Legal references:
- NRS 483.367.
- For a complete list, please see NAC 483.350.
- Until 2018, drivers born in odd-number years are also subject to four-year licenses. Starting in 2018, all drivers under age 65 will receive 8-year licenses, unless subject to other restrictions.
