Driver’s License Suspension for Physical/Mental Conditions

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

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

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

• 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?
• 4. Can the DMV suspend my license without a hearing?
• 5. What is a “driver medical evaluation” (“DME”) form?
• 6. California DMV “P&M” Hearings (Reexamination)
• 7. Defenses to a P&M License Suspension
• 8. Outcomes of a P&M Hearing
• 9. Challenging the DMV’s Decision
• 10. Other License Suspension
• Additional Resources

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

California Vehicle Code 12806 lets the DMV suspend your license for a medical condition that actually affects your ability to drive safely. ¹

Types of conditions that can lead to such suspension include:

• Alcoholism or drug addiction,²
• Disorders that can cause a “lapse of consciousness” or “episode of marked confusion,”³ or
• Any other physical or mental condition that can affect a driver’s ability to operate a motor vehicle safely.⁴ Examples 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).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 your ability to drive safely. Some parties (such as doctors) are required by law to report certain conditions.⁶

Common sources of information about your condition(s) include:

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

California law requires doctors to report you if you suffer from a condition that can lead to “lapses of consciousness.”⁷ This type of report is known as a “confidential morbidity report.”⁸

California law also gives doctors the discretion to report any other condition(s) that they believe may interfere with your driving ability.⁹

Meanwhile, law enforcement officers and judges may request a DMV reexamination if they think your driving might present a danger.

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 your medical condition to the DMV. Though 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.

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

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

After receiving a report about you, 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 you (discussed in Section 6, below); or
• In rare cases, immediately suspend or revoke your 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 you on medical probation and require future medical reports;
• Order you to complete a supplemental driving performance evaluation;
• Issue you a “limited-term license” and reevaluate you at the end of the term;
• Restrict where/when you can drive; or
• Require you to use certain, specified equipment (such as corrective lenses).

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

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

Even if your license is immediately suspended or revoked, you can 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 you, the DMV will require a comprehensive health history. In this case, it may ask you to submit a DMV “Driver Medical Evaluation” (“DME”) form.

You must complete and return the DME within 26 days.¹⁴ You must also sign the DME under penalty of perjury if the information is purposely false.

A DME also requires information from your doctor, such as a:

• medical diagnosis,
• treatment plan, and
• anything else that might relate to your driving ability.

If the DMV determines you do not pose a safety risk, it will take no further action. If you do not complete the DME the DMV can suspend your license.

6. California DMV “P&M” Hearings (Reexamination)

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

Other names for a DMV reexamination hearing include:

• P&M hearing (after “physical” and “mental”),
• 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

Notice of a P&M Reexamination Hearing

Sometimes the DMV will simply notify you 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 you have 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

You 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

What happens if I do not request or attend a hearing?

If you do not attend a scheduled hearing, the DMV will automatically suspend or revoke your license. ²¹ This suspension or revocation will remain unless and until:

• You request another hearing,
• The DMV agrees to permit one, and
• You win at the rescheduled hearing.²²

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

Priority vs. “Regular” Reexaminations

In special cases, the DMV may order a “priority reexamination” after:

1. A law enforcement officer personally observes you violating a traffic law, and
2. You exhibit signs of physical illness, mental impairment, or disorientation, and
3. The officer reasonably believes that it would be dangerous to allow you to continue driving.²⁴

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

If you do not request a hearing within this 5-day period, your license may be suspended without further proceedings.²⁵

What happens at a California DMV P&M hearing?

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

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

What factors can the Department of Motor Vehicles consider?

Factors the DMV will consider during the reexamination include your:

• 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
• Your understanding and awareness of your limitations.

Can I have an attorney?

You have the right to be represented by a lawyer during a P&M hearing at your own expense.  Representation by an experienced California driving defense lawyer can be enormously valuable in helping you “pass” a DMV reexamination.

7. “Defenses” to a P&M License Suspension

You Are Currently Able to Drive Safely

You may have a physical or mental condition that affected your driving in the past. Though if it is currently under control, it should not be a cause for a license suspension.

As California 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.”

Your Condition Does Not Affect Your Ability to Drive Safely

Suffering from a physical or mental condition is not enough to warrant a restriction on driving. The condition must actually affect your 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, you will have the opportunity to explain or rebut the DMV’s evidence. You will also be allowed to provide new medical evidence to show that you 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. Your doctor may be able to testify that your condition either:

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

If your doctor is unable to testify, a detailed letter (in addition to the DME) explaining the above may be helpful. Other potentially useful evidence includes:

• 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 you drive.

You Can Compensate for a Medical Condition

You may be able to show that you can compensate for conditions that would otherwise impair your driving ability. Factors that may show that you are 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.

Completing a driver’s safety course will show that you are taking the situation seriously. It will also help you prepare for the written and driving tests you will likely be given during the reexamination.

8. Outcomes of a California P&M Hearing

DMV hearing officers have a variety of options. They range from letting you drive (with or without restrictions) to permanently revoking your license.

The DMV will notify you in writing of the hearing officer’s decision. You have 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 you keep your license without any restrictions.
• Schedule a “calendar” (follow-up) reexamination to obtain more information.
• Place you on “Medical Probation I” (which requires you to comply with a specific medical regimen and to report any medical changes to the DMV).
• Place you on “Medical Probation II” (similar to Medical Probation I, but also requires you to submit annual medical reports even if nothing has changed).
• Issue you a limited term license for one or two years and require you to return at the end of that time for reevaluation.
• Issue a restricted license, allowing you to drive as long as you comply with specific conditions such as:
  • Wearing corrective lenses,
  • Equipping your 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 your driver’s license (allowing you to get it back if you later prove you no longer present a safety risk; or
• Permanently revoke your 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

The DMV and California law offer various ways to appeal the outcome of a P&M hearing.

Departmental Review

If you are not happy with the outcome of a DMV hearing, you 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 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. You do not need to attend another hearing after asking for a departmental review.

Challenging a License Suspension in Court

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

• 35 days after notice of the results of a P&M hearing, or
• 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. Other License Suspension

DUI

A DUI arrest will trigger a license suspension. However, you have the right to challenge it in a California DMV hearing.

Negligent Operator

The California DMV also suspends your license if you become a “negligent operator.”³² This occurs when you accumulate a certain number of “points” on your official DMV record. You 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 you were at fault.³³

Much as with medical conditions, you have the right to challenge negligent operator suspensions.

Additional Resources

For more information, refer to the following California DMV articles:

• Reissue Fees – The cost of reinstating your driver’s license.
• Reissue Fees Form – Checks your eligibility for a reissue fee transaction.
• California Driver’s Handbook – Detailed overview of driving laws and regulations.
• Driver’s Licenses – Overview of types of driver’s licenses in California.
• Commercial Driver’s Licenses – Overview of how to obtain and maintain a CDL.

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