California DMV License Suspension for Epilepsy

Why is the DMV concerned about drivers with Epilepsy?

We all know the California Department of Motor Vehicles (DMV) as the government agency granted the power to issue driver licenses to operate motor vehicles in the State of California.  What many people don’t realize is that the DMV is equally empowered to suspend or revoke the driver license of any person if the department believes there is good cause to do so.

A person diagnosed with Epilepsy may suffer seizures.  The DMV identifies seizures as a Lapse of Consciousness or Control and will work aggressively to remove that person’s privilege to drive.  Anything that causes a person to faint, suffer an episode of syncope, suffer a seizure or experience any episode that affects their ability to properly function is a concern for the DMV.

Also, DMV is not only focused upon episodes that occur while driving.  ANY episode of a Lapse of Consciousness that occurs in ANY location is good cause to take a driver off the road.  For example, if the DMV learns that a licensed driver has suffered a seizure while sitting on a beach in Malibu, they will initiate an investigation to determine if that event affects the person’s ability to safely drive.

California Vehicle Code section 13953 empowers the DMV to immediately and without a hearing, suspend or revoke the driving privilege of any driver who may pose an immediate hazard to the motoring public, if they are allowed to continue driving.  One of the most profound physical or mental conditions a driver may develop that will cause the DMV to take such an immediate action is a diagnosis of Epilepsy.  This section of the Vehicle code determines:

“In the event the department determines upon investigation or reexamination that the safety of the person subject to investigation or reexamination or other persons upon the highway require such action, the department shall forthwith and without hearing suspend or revoke the privilege of the person to operate a motor vehicle or impose reasonable terms and conditions of probation which shall be relative to the safe operation of a motor vehicle. No order of suspension or revocation or the imposition of the terms or conditions      of probation shall become effective until 30 days after the giving of written notice thereof to the person affected, except that the department shall have authority to make any such order effective immediately upon the giving of notice when in its opinion because of the physical or mental condition of the person such immediate action is required for the safety of the driver or other persons upon the highway.

California Vehicle Code Section 12806 (c) determines:

            “The department may refuse to issue to, or renew a driver’s license of an person who has a disorder characterized by lapses of consciousness or who has experienced, within the last three years, either a lapse of consciousness or an episode of marked confusion caused by any condition which may bring about current lapses, or who has any physical or mental disability, disease, or disorder which could affect the safe operation of a motor vehicle unless the department has medical information which indicates the person may safely operate a motor vehicle. In making its decision, the department may rely on any relevant information available to the department.”      

How does the DMV define a Lapse of Consciousness or Control?

The California Code or Regulations (CCR), Title 17, Section 2806, defines a Lapse of Consciousness or Control as any medical conditions that involve:

• A loss of consciousness or a marked reduction of alertness or responsiveness to external stimuli; and
• The inability to perform one of more activities of daily living; and
• The impairment of the sensory motor functions used to operate a motor vehicle.

“Sensory motor functions” means the ability to integrate seeing, hearing, smelling, feeling and reacting with physical movement, such as depressing the brake pedal of a car or steering around a hazard.

Examples of medical conditions that do not always, but may progress to a level of functional severity are:

• Alzheimer’s Disease and related disorders like Dementia or Cognitive Decline.
• Seizure Disorders and Epilepsy.
• Brain Tumors.
• Sleep Apnea.
• Abnormal metabolic states which include Hypo- and Hyperglycemic events associated with Diabetes.

One of the most common medical ailments that causes the DMV to suspend or revoke a person’s privilege to drive is Epilepsy.  Epilepsy is a chronic brain disorder that causes unprovoked, sometimes severe seizures.  Most people with epilepsy will suffer with one or both of the following type of seizure:

• Primary Generalized Seizure:

Primary generalized seizures begin with a widespread electrical discharge that involves both sides of the brain at once. Hereditary factors are important in many of these seizures.  Primary Generalized Seizures may result in body tremors or convulsions, biting of the tongue and urinary incontinence.  This is often referred to as a Grand Mal Seizure.

• Partial Seizure:

Partial seizures begin with an electrical discharge in one limited area of the brain. Many different things can cause partial seizures. These include head injury, brain infection, stroke, tumor, or changes in the way an area of the brain was formed before birth (called cortical dysplasia).  Many times, no known cause is found, but genetic factors may be important in some partial seizures.  Partial seizures can be broken down further, depending on whether a person’s awareness or consciousness (the ability to respond and remember) is affected. Partial Seizures may not result in convulsions or a Lapse of Consciousness.  They may simply result in a brief “loss of time” and the person may still be able to function.

Many people with epilepsy will have more than one type of seizure and may have other symptoms of neurological problems as well.  The human brain is the source of human epilepsy.  Although the symptoms of a seizure may affect any part of the body, the electrical events that the produce the seizure occur in the brain.  The location of the event in the brain, how it spreads and how much of the brain is affected all have profound effects on the person.  Suffering seizures can also have an effect on a person’s safety, relationships, career and ability to safely control a motor vehicle.

The DMV’s concern is obvious.  If a person suffers a seizure, lapse of consciousness, or a loss of control of their body while driving, they pose a very real danger to themselves and others.

How does the DMV learn that I have Epilepsy? 

The California Department of Motor Vehicles (DMV) is deeply wired into the fabric of our society and may receive information regarding a person’s physical or mental health from a variety of sources:

• Law Enforcement Officer: The DMV will often receive information from a law enforcement officer who has come into contact with an epileptic driver at the scene of a traffic accident or other enforcement scenario.

• Physicians or Surgeons: California Law actually mandates that a physician or surgeon report any physical or mental condition or event to the DMV if it could affect that person’s ability to drive.  Most often, doctors will report a driver to the DMV when they learn he/she has suffered an epileptic seizure or any lapse of consciousness or control. Doctors do not have the authority to suspend or revoke a person’s driving privilege, but by reporting you to the DMV, the doctor initiates the process.

Health & Safety Code Section 10390 (a)  determines:

“Every physician and surgeon shall report immediately to the local health officer in writing, the name, date of birth, and address of every patient at least 14 years of age or older whom the physician and surgeon has diagnosed as having a case of a disorder characterized by lapses of consciousness.”

• Family members: It is not unusual for a family member to report an epileptic driver to the DMV because of their concern that their loved one’s epilepsy makes them unsafe to drive.

• Driver Self Reporting: That’s right………. it often occurs that a driver will bring themselves under the scrutiny of the DMV.  This most often occurs when a person who is applying for an original driver license, or a driver who is seeking to renew their license, checks a block on an application form that alerts the DMV to a diagnosis of epilepsy.

• Anonymous Sources: At times, the DMV will receive a “tip” from an anonymous source that a driver suffers with epilepsy and may not be safe to drive. Even though the source of the information may not be known; and even though the validity of the information may be questionable, the DMV is still mandated to investigate.

What action may the DMV take against a driver with Epilepsy?

Remember, it is the DMV’s primary function to ensure that anyone operating motor vehicles in the State of California maintain the skill, the knowledge and the physical/mental fitness to drive.  If the DMV receives information that a driver has developed epilepsy or has suffered an epileptic seizure or lapse of consciousness,  the department will either order the driver to participate in a re-examination of their ability to drive, or they may advance directly to an “immediate” Order of Suspension/Revocation.  Normally an immediate order of suspension occurs following notification from a physician that an event involving epilepsy has occurred that may pose an immediate hazard to the public.

Re-Examination Interview:  If the DMV receives information from any source that a person has been diagnosed with epilepsy or has suffered a seizure or lapse of consciousness or control that may affect safe driving, the department may elect to send the driver a “Notice of Re-Examination” by US Mail.  If the driver fails to respond to the letter and does not participate in the re-examination, their driver license will be peremptorily suspended for non-compliance, and will remain suspended until the driver completes the process.  The one benefit of participating in the Re-Examination is that your privilege to drive remains valid during the process.  If everything goes well during the Re-Examination, the accused driver’s license will never been suspended.

Contained within the same envelope with the “Notice of Reexamination” will be a five-page medical report to be prepared and signed by the person’s physician.  Known as a Driver Medical Evaluation (DME), this is the primary piece of medical evidence recognized by the DMV to evaluate the medical stability of any driver. When the Re-Examination “Interview” occurs, the assigned hearing officer will review all relevant evidence and will interview the affected driver extensively.  At the end of the re-examination interview, the hearing officer may:

-Terminate any further action.

-Place the person on medical probation.

-Suspend or revoke the driver license.

If a re-examination interview results in a suspension/revocation of the driver license, the affected driver is then entitled to conduct a full-blown evidentiary hearing to reverse the decision.  Known as a Physical and Mental hearing (P & M hearing), these are complicated legal proceedings that are similar to a mini-trial.

Immediate Suspension/Administrative Hearing: 

If the DMV receives information from a physician or any reliable source which suggests an Epileptic driver poses an immediate hazard to the safety of the public, it will issue an immediate Order of Suspension/Revocation.  This normally occurs when a driver has suffered a seizure, lapse of consciousness, or any other loss of control that may immediately affect a person’s ability to drive. Remember, the Lapse of Consciousness NEED NOT occur while driving to be a concern for the DMV.  The conventional wisdom is that ANY Lapse of Consciousness or Control that occurs in ANY location may be a precursor to an event while driving.

If a driver receives an “Order of Suspension/Revocation” in the mail, the re-examination interview is bypassed, the driving privilege is immediately withdrawn,  and the driver becomes eligible for an administrative hearing.  The immediate Order of Suspension or Revocation normally occurs when the DMV receives a Confidential Morbidity Report from a physician or surgeon that suggests the motoring public may be placed in immediate jeopardy if the driver is not taken off the road and that the physician is recommending against driving.

Here again, if the DMV proceeds directly to a suspension/revocation, the accused driver becomes immediately eligible to conduct an administrative hearing.  Known as a Physical and Mental Hearing, or P&M Hearing, this is a full-blown evidentiary hearing where evidence is presented, witnesses may testify, experts may offer opinions, and legal arguments are heard.  This is a complex legal process that should only be conducted by professionals in the field.

In preparation for your P&M Hearing for Epilepsy or a Lapse of Consciousness or Control, CDA will prepare a “broad-spectrum” defense that covers all the basis.  We are experts in anticipating all of the DMV’s concerns and any games they may play.  Preparing for a P&M Hearing includes:

• An extensive interview of the Client to learn all about who they are and how the suspension has occurred.
• Medical Examinations from all of the Client’s doctors and specialty doctor if necessary.
• Attendance at an on-line traffic school to refresh and increase the Client’s awareness of safe-driving tactics.
• Interviews of friends, family and neighbors (if necessary) who may offer positive testimony as to the driver’s general health and ability to drive.
• Prepare and file evidence with the DMV Hearing Officer.
• Prepare the Client to be examined and cross-examined in the hearing.
• Represent the Client through all phases of the hearing which is conducted at the Driver Safety Office closes to the Client’s home.

What are the possible outcomes of a DMV Administrative Hearing for Epilepsy?

When a DMV Hearing for Epilepsy or a Lapse of Consciousness ends, there are a few potential outcomes:

• The hearing officer may reject the driver’s argument and sustain the suspension. If this occurs, the driver must wait 94 days and then may ask to re-open the case and ask for a new hearing.  During this time, the person may not drive.
• The hearing officer may reinstate the person’s driving privilege but then place the driver on Medical Probation. This means the driving privilege is fully reinstated, but the driver must file periodic medical reports with the DMV which determine his/her Epilepsy remains stable and there are no additional Lapses of Consciousness or Control.
• The hearing officer may fully reinstate the driving privilege with no strings attached. This is referred to an “end action.”  This means the DMV has made a finding that an Epileptic event did occur but the disorder is now well controlled an unlikely to occur again.
• The hearing officer may take the extraordinary step of issuing a “Set Aside.” This is similar to a “Not Guilty” verdict in a court of law.  To achieve this result requires that it be proven that the driver does not have Epilepsy or that a Lapse of Consciousness or Control never occurred

If the DMV has suspended my driver license for Epilepsy, what can I do? 

Whether your case requires a Re-Examination Interview or a Physical and Mental Hearing; information is the key to success.  Call the DMV Defense Experts at California Drivers Advocates (CDA).  We have been conducting every type of administrative hearing before the DMV for many years.  We know DMV protocol and we know how to fight back.

If your case requires a Re-Examination Interview, we simply assist you in preparing for the contact.   If your case requires a full Physical and Mental Hearing, we’ll be ready to jump into your case and represent you every step of the way.  There are virtually thousands of people in California who live with epilepsy.  Those unfortunate souls deserve to live quality lives and they deserve to drive if it can be determined their medical condition is stable.

The DMV’s suspension/ revocation process can seem unfair and driver with Epilepsy may feel as though they are being treated like a criminal.  Call CDA today.  We can guide you through the process and ensure you are treated with the respect you deserve.

Video transcript: Hi, my name is Rob Collier. I’m the president and CEO of California Drivers Advocates. Today, I’d like to speak with you about epilepsy and the California DMV. Epilepsy is a chronic brain disorder, that it basically comes down into two varieties. There are primary generalized seizures that come with the epilepsy, which is where there’s a widespread electrical discharge across both sides of the brain, and these seizures can be severe. Most often, these types of seizures are hereditary in nature. Then, there are primary seizures, or primary complex seizures, which generally begin with an electrical discharge in a limited area of the brain. This can be caused by head injuries, infections, stroke.

Any number of things can cause these seizures to occur. Now, the most common misconception about seizures, is that every time a person has a seizure they lose consciousness, or they lose control of their body. And, while we know that’s not always true, the fact is that often it does happen that way. Now, with the California DMV, their concern of course is that somebody who suffers with epilepsy or a lapse of consciousness related to epilepsy, may have something like this occur while driving. And, of course, that could occur, or that could result rather, in a catastrophic accident. So, the DMV will have deep concerns about this. Now, the concern becomes, how does the DMV even learn that you have epilepsy or that you’ve had a seizure?

Well, the DMV is really hardwired into the fabric of our society, and they can get information from police officers, doctors, paramedics, neighbors, family members. Sources of information are widespread. If the DMV receives information that you have epilepsy, or that you have suffered a seizure, even if not while driving, the DMV’s gonna wanna know more about that, and the DMV will either bring you in for a reexamination, which is an investigation conducted prior to suspension, or if the information is egregious enough, they’ll go right to immediate suspension.

Either way, you are entitled to defend yourself. You’re entitled to make your case. These cases can be won. These hearings can be won. You can present good, affirmative evidence, of your fitness to drive. You just have to do it the correct way. So, if you have any questions, please give us a call, or visit our website. We’d be happy to help you.