While a doctor cannot revoke your driver’s license on their own, their report of a medical condition can set the revocation process in motion. Doctors are may be legally required to report certain medical conditions to their state’s Department of Motor Vehicles (DMV). This can trigger a DMV hearing that can lead to a license suspension or revocation.
In some states, doctors are required to notify the DMV if a patient has a medical condition that impairs their driving. These states are:
Many other states have laws that allow or even encourage healthcare professionals to report these conditions to the DMV. Many state laws immunize doctors from liability, or carve out exceptions to medical privacy laws.
Medical professionals are frequently allowed to confidentially file this physician report form. Report forms generally include information about you, like your:
Other people, like police officers, judges, or even family members, can also report you to the DMV if you are allegedly physically or mentally impaired.
Generally, DMVs will notify you that your license may be suspended. You will have to submit documentation of your medical history. If your medical history suggests that you may be a safety risk, the DMV will schedule a hearing. A DMV hearing officer will listen to evidence concerning your driving ability. The officer will then decide whether to suspend or revoke your driver’s license.
After receiving the initial medical report from a doctor, the DMV can do 1 of 4 things. It can:
If the DMV issues an immediate cancellation of a license, you will have the right to request a hearing to contest the suspension.
If the DMV requests your medical information, you often have to do it within a certain number of days. If you fail to provide the medical evaluation, or DME, in a timely manner, the suspension or revocation will go into effect. Falsifying a DME can lead to perjury charges.
In some cases, the DME can persuade the DMV that you are not a risk. In these cases, the DMV will take no further action against you. It will issue a license reinstatement, if necessary.
In other cases, the DMV will schedule a hearing or reexamination, or will notify you of your right to one. This hearing may be called a:
This hearing takes place at a DMV office. A DMV hearing officer will conduct it. Notice about the hearing will be sent to you. If you do not attend, or do not request a hearing, your license suspension will go into effect.
You have a right to an attorney at this hearing, though at your own expense.
At the hearing, the hearing officer will try to determine if you can drive safely. To do this, the hearing officer may:
After the DMV hearing, it may take anywhere between a few days and a month to receive the hearing results in the mail.
These conditions disproportionately affect elderly drivers.
Different states may have different mandatory reporting requirements that cover different conditions.
Additionally, healthcare providers may be allowed to report other medical conditions that they think might affect driver safety.
If you have been contacted by the DMV regarding an alleged medical condition, you should strongly consider seeing a lawyer. With an attorney’s help, you can make sure you get a hearing. At the hearing, a lawyer can present the best case for you to retain your driving privileges.
For example, an attorney can raise any of the following defenses at the hearing:
If the outcome of the hearing goes against you, an attorney can also help you appeal the decision.
If the DMV hearing officer decides that your medical condition or disability makes you a danger to the public, your driver’s license will be suspended, revoked, or restricted.
The DMV has a variety of options at its disposal. It can:
In California, doctors are legally required to report if you have lapses in consciousness to the California Department of Motor Vehicles. 7 These conditions involve:
Some specific medical reasons that have to be reported are:
Doctors may also report other medical conditions to the DMV if the doctor believes, in good faith, that it would be in the public interest to do so. 10
If the DMV believes that you pose an immediate risk, it can suspend your driver’s license right away. If this happens, you have a right to request a hearing to contest the suspension. 11
Often, though, the DMV will inform you of the potential suspension and request a DME. You have to provide your medical history within 26 days. 12
If the DME does not show that there is no potential risk to the public, the DMV will schedule a hearing. In California, this is called a physical and mental, or P&M, hearing. It can also be called a reexamination. The DMV usually has to notify you of the hearing at least 10 days in advance. 13 However, in some cases, it can merely give you the right to request a hearing. In these cases, the DMV will send a notice, detailing what it intends to do with your driver’s license. 14 You then have to request a hearing within 10 days of receipt. 15
At the hearing, the hearing officer will decide whether to suspend, revoke, or place restrictions on your driver’s license.
You can appeal adverse outcomes by either requesting a departmental review, or by taking the case to court.
A departmental review has to be requested within 15 days of receiving the hearing’s outcome. The DMV will review the record of the hearing and reconsider the case. While this is pending, any license suspension will be postponed. 16 The fee for a departmental review is $120.
An appeal can also be made to a California Superior Court. This appeal has to be made within:
This appeal requires a writ of mandate. Filing one of these writs can cost between $2,500 and $3,000 in California.
For more detailed information, refer to these scholarly articles:
