DMV�s Reexamination Process

The Department of Motor Vehicles (DMV) is providing this information as a general guide for drivers required to appear for a reexamination to demonstrate their continued fitness to operate a motor vehicle safely. Not all cases are the same and this information only provides the basics necessary to prepare for a reexamination.

How Does DMV Determine If I Need A Reexamination?

DMV has the authority to investigate and reexamine your ability to operate a motor vehicle safely due to a physical or mental condition or a poor driving record. DMV receives information from many sources, such as:

• Your physician or surgeon who 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, in their opinion, may affect your ability to operate a motor vehicle safely.
• Emergency medical personnel who may see you in an emergency facility due to a sudden loss of consciousness, awareness, or control.
• Unsolicited letters from family members, friends, or neighbors who report that you may no longer be able to drive safely.
• A law enforcement officer who stops you for a traffic law violation or is at an accident scene in which you were involved, and you appear to be an unsafe driver.
• A Request for 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 accidents, 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.

What Happens If DMV Decides I Should Be Reexamined?

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 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 evaluation may end and no action will be taken against your driving privilege.
• Conduct a �regular� reexamination. The reexamination 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, if appropriate.
• Conduct a Priority Reexamination. If you were served with a Notice of Priority Reexamination, you must appear for the reexamination within five days. If you do not appear, 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 revoca-tion action of your driving privilege if your physical or mental condition presents an immediate threat to public safety.

What Decision Can DMV Make After A Reexamination?

Following a reexamination, 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 (Type I): You must comply with your medical regimen and report to DMV any changes in your medical condition.
• Medical Probation (Type II): Your physician must submit periodic medical reports to DMV on specified dates.
• Limited Term License: You are issued a license for up to two years, and you are required to return to DMV for reevaluation and potential retesting.
• Calendar Reexamination: You are required to appear for a reexamination at specified intervals, provide updated medical information, and submit to possible retesting.
• Restriction: You may only operate a motor vehicle under specific conditions and circumstances, such as: driving during certain times of the day, driving within certain geographical areas, or having your vehicle equipped with specialized equip-ment.
• Suspension: Your driving privilege is suspended for an indefinite period of time. Your driving privilege can be reinstated at any time if you can show that you are compensating for a physical or mental condition, or your driving behavior no longer presents a safety risk.
• Revocation: Your driving privilege is terminated. Generally this action is taken when your physical or mental condition is so severe it does not appear likely that your condition will ever improve, or a driving incident is so severe that you present a safety risk.

What If DMV Takes An Action Against My Driving Privilege?

DMV will notify you in writing of:

• Any action taken.
• Your legal rights, including the right to a hearing.

NOTE: For additional information on DMV hearings please refer to the pamphlet entitled A Guide to the Driver Safety Administrative Hearing Process (form FFDL 26). The pamphlet is available on DMV�s web site at www.dmv.ca.gov.

What Happens If I Do Not Appear For The Reexamination?

If you do not personally appear for and complete the reexamination as scheduled (either by telephone or in-person), 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.

Another person cannot appear on your behalf, but may accompany you, including an attorney.

Can DMV Reexamine Me If I Do Not Have A Medical Problem But My Driving Skills Are Deteriorating?

Yes. DMV can reexamine you when information suggests that you no longer have the knowledge and/or skill necessary to drive safely.

Does DMV Automatically Reexamine Drivers After A Certain Age?

No. DMV will not reexamine a driver solely based on age.

How Long Will My Driving Privilege Be Suspended Or Revoked After A Reexamination?

Generally, the length of a suspension or revocation is indefinite. However, 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.

What If I Need An Interpreter?

If you need a sign language or foreign language interpreter, DMV will provide one. You must contact DMV immediately so an interpreter will be available on the date of your reexamination.

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. The CCR and CVC can be found in public libraries and are available from DMV DS Branch offices. The CVC may also be found on DMV�s web site at www.dmv.ca.gov.

Driver Safety Offices

Contact DMV Driver Safety Offices for Driver Safety Office information, locations and hours.

FFDL 27 (NEW 05/2005)