DMV Medical Re-Examination Hearings

The DMV will suspend your driver’s license if they believe you are not medically or physically able to operate your vehicle safety.

DMV Medical Re-Examination Hearings



The DMV will suspend your driver’s license if they believe you are not medically or physically able to operate your vehicle safety.  You are entitled to a medical re-examination hearing to challenge the DMV from taking your license.  If you hire us, we will set the DMV hearing for you and fight the DMV from taking your license.


DMV is required by law to investigate and reexamine your ability to operate a motor vehicle safely due to the reporting of a physical or mental condition or certain entries on your driving record. DMV receives information from many sources including:

  • Your physician is required by law to report to DMV certain conditions or disorders characterized by loss of consciousness or control, including Alzheimer’s disease. The law also allows them to report other conditions which may affect your ability to operate a motor vehicle safely.
  • Emergency medical personnel who see you in an emergency facility due to a sudden loss of consciousness, awareness, or control.
  • Letters from family members, friends, or neighbors who report that you are no longer  able to drive safely.
  • A law enforcement officer who stops you for a traffic law violation, or is at a collision scene in which you were involved, and you appear to be an unsafe driver.
  • A request for a priority reexamination from a peace officer who has observed your driving and believes you are an unsafe driver and should not continue driving.
  • Your driver license application or renewal-by-mail notice where you indicate that you have a disease, disorder, or disability that affects your ability to operate a motor vehicle safely.
  • Your driving record which indicates collisions, traffic law convictions, reckless, negligent or incompetent driving habits, fraudulent use of a driver license, or other grounds which would cause DMV to refuse a driver license.


Once DMV is made aware that you have a medical condition that may cause a potential driving risk to yourself or others, or your driving record indicates negligent driving activity, DMV will evaluate you to ensure you can drive safely. DMV may do one or more of the following:

  • Request medical information from you. If it is clear from the medical information that you do not present a driving risk, DMV’s investigation may end and no action will be taken against your driving privilege.
  • Conduct a “regular” re-examination. The re-examination may be in person or conducted over the telephone. You may be required to present medical information and submit to a law, vision, and driving test.
  • Conduct a priority re-examination. If you were served with a notice of priority re-examination, you must contact Driver Safety within five days. If you do not contact Driver Safety, your driving privilege will be suspended. You are required to submit to a law, vision, and driving test and present medical information.
  • Take an immediate suspension or revocation action of your driving privilege, if your physical or mental condition presents an immediate threat to public safety.


After a re-examination, 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: You must comply with your medical regimen and report to DMV any changes in your medical condition.
  • Medical Probation: Your physician must submit periodic medical reports to DMV.
  • Calendar Re-examination: You are required to appear for a follow up re-examination.
  • Restriction: You may only operate a motor vehicle under specific conditions and circumstances, such as: driving during daylight hours only, 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 if you show that you are compensating for a physical or mental condition, or your driving behavior no longer presents a safety risk and there is no other action in effect.
  • Revocation: Your driving privilege is terminated. This action is taken when your physical or mental condition is so severe it does not appear likely that your condition will improve or a driving incident is so severe that you present a safety risk.


DMV will notify you in writing of any action taken including your legal rights and the right to a hearing.


If you do not appear for and complete the scheduled re-examination, your driving privilege will be suspended. The suspension will remain in effect until you appear, provide the requested information, and/or submit to any required tests.


The length of a suspension or revocation is indefinite. DMV will consider reinstating your driving privilege when additional information is available to indicate that any physical or mental condition has been controlled and is no longer a potential threat to safe driving, or your driving record no longer indicates negligent driving activity.


The California Code of Regulations (CCR) §100.01 and the California Vehicle Code (CVC) §§12818, 13800, and 13801, govern Driver Safety (DS) reexaminations conducted by DMV.


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