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Has The DMV Suspended Your License For medical Reasons

1/12/2025

 
The DMV has a lot of power to suspend your driver's license if they believe you are unfit to safely operate a motor vehicle. In most cases, after they have notified you that they've already suspended your license, you will need to request a re-evaluation hearing. At that hearing, one of the most important pieces of evidence the DMV will consider comes from your doctor. This article explains what kind of information your doctor will be asked to evaluate for the DMV, via the State’s DS 326 Medical Examination Report (also known as the Medical Evaluation Form), 
 
1. Personal Information
The form begins with basic information about the patient, such as:
  • Name, address, and date of birth
  • Driver’s license number (if applicable)
  • The date of the examination This information is necessary to ensure the medical report is matched to the correct driver’s record.

2. Medical History

The doctor reviews the patient’s medical history to identify any past or ongoing conditions that could impair the driver’s ability to safely operate a vehicle. This includes:
  • Chronic or serious health conditions (e.g., diabetes, heart disease, epilepsy)
  • Past surgeries or treatments that may impact motor skills, cognitive function, or alertness.
  • Medications being taken, including any that could cause drowsiness, dizziness, or affect the person’s ability to focus while driving (e.g., sedatives, antidepressants).

3. Neurological and Cognitive Function

The doctor assesses whether the patient has any neurological or cognitive disorders that could impact their driving. This includes:
  • Seizures or history of epilepsy: If the driver has had any seizures, the doctor will document the frequency and whether they are under control with medication or treatment. The DMV often requires a person with epilepsy to be seizure-free for a certain period before being considered fit to drive (usually 3 to 6 months).
  • Stroke or TIA (Transient Ischemic Attack): If the patient has had a stroke or mini-stroke, the doctor must evaluate whether the patient’s motor functions, speech, or cognitive abilities have been impaired.
  • Dementia, Alzheimer’s disease, or other cognitive impairments: The doctor will assess whether these conditions have progressed to the point where the driver’s judgment, reaction time, or ability to focus may be compromised.

4. Vision and Hearing

The doctor assesses the driver’s vision and hearing to ensure that both meet the DMV’s standards for safe driving. This includes:
  • Visual acuity: The DMV requires a minimum visual acuity of 20/40 in at least one eye, with or without corrective lenses.
  • Peripheral vision: The doctor checks the driver’s side vision (also known as field of vision) to ensure that the driver can detect hazards from the sides.
  • Color vision: The driver’s ability to differentiate traffic lights and signs based on color is also considered.
  • Hearing: The ability to hear sirens, horns, and other auditory signals that are important for driving safely.

5. Cardiovascular Function

The doctor assesses whether the patient’s cardiovascular health poses a risk to safe driving:
  • Heart conditions: This includes evaluating whether the patient has a history of heart attacks, arrhythmias (irregular heartbeats), or other significant heart conditions. The doctor must determine whether the driver has been medically cleared to drive, particularly in cases of fainting or dizziness that might occur while driving.
  • Blood pressure: Uncontrolled hypertension (high blood pressure) or conditions like heart failure could lead to sudden dizziness or blackouts, which would impair driving ability.

6. Musculoskeletal and Motor Function

The doctor evaluates the patient’s motor skills, strength, and coordination:
  • Motor impairments: Conditions like arthritis, multiple sclerosis, or Parkinson’s disease can impair the driver’s ability to operate the steering wheel, brake, or accelerator. The doctor must assess whether the individual can maintain physical control of the vehicle.
  • Movement and reaction time: If the patient has tremors, limited range of motion, or difficulty with fine motor control, the doctor will note how these impairments could affect the person’s ability to drive.

7. Psychiatric and Mental Health

The doctor assesses the driver’s mental health to determine whether any psychiatric conditions could impair their judgment or driving ability:
  • Cognitive ability: The doctor considers the individual’s ability to process information, make decisions quickly, and react appropriately to unexpected events.
  • Psychiatric disorders: If the patient has conditions like depression, anxiety, schizophrenia, or other psychiatric disorders, the doctor will evaluate whether these conditions are under control and do not pose a risk while driving. For example, a person experiencing severe depression might have impaired concentration or be prone to sudden fatigue, which could affect driving ability.

8. Substance Use and Medication

The doctor examines the patient’s use of substances (prescribed and non-prescribed) that may affect their ability to drive safely:
  • Prescription medications: Some medications can cause side effects like drowsiness, dizziness, or delayed reaction time. The doctor will assess whether the prescribed medications are impacting the patient’s ability to drive safely.
  • Alcohol and drugs: If the doctor is aware of alcohol or drug use (legal or illegal), they must consider whether it is affecting the driver’s physical or cognitive abilities. Substance use disorders may also be considered in cases where the individual’s driving is potentially impaired.

9. Recommendations

Based on the assessment of the above factors, the doctor will provide their recommendations to the DMV. The doctor can:
  • Clear the driver: If the doctor believes that the driver is medically fit to drive, they will indicate that the individual is capable of operating a vehicle safely.
  • Recommend restrictions: If the doctor believes the driver can drive but only under certain conditions (e.g., only during the day, with corrective lenses, or on certain routes), they will specify these restrictions.
  • Suggest suspension or further evaluation: If the doctor believes the driver is not medically fit to drive, they may recommend that the individual be temporarily or permanently disqualified from driving until further evaluation or treatment is completed.

10. Doctor’s Signature

Finally, the doctor signs and dates the form to certify that the medical evaluation has been completed and that the information provided is accurate.
In summary, the DMV DS 326 Medical Examination Report is a comprehensive assessment of a person’s health and medical conditions that may affect their ability to drive safely. By evaluating factors such as neurological and cognitive function, vision, cardiovascular health, musculoskeletal ability, and psychiatric stability, the doctor helps the DMV determine whether a driver should maintain, restrict, or lose their driving privileges for medical reasons. The doctor’s professional judgment, based on the patient’s specific medical history and current condition, plays a key role in this important decision-making process.



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  • Home
  • Profile
  • Practice Areas
    • DUI
    • Assault Crimes
    • Theft Crimes
    • Domestic Violence
    • Drug Crimes
    • Sex Crimes
    • Homicide
    • CA DMV Medical Reevaluation Hearings
    • Civil Harrassment Restraining Orders >
      • Restraining Order-related >
        • Other Types of Protective Orders
        • If You Are Served With A Protective Order
        • Resources for Victims of Domestic Violence
  • Contact
  • Results
  • Other information
    • Devina's Blog
    • Cal. Fish and Game Updates
    • Commonly-Requested Documents >
      • Local Ordinances
    • Reference Links
  • Disclaimer