DMV PHYSICAL/MENTAL HEARINGS

Facts About DMV Physical and Mental Hearings

INDEFINITE SUSPENSION ACTIONS DEPENDING ON UNDERLYING MEDICAL CONDITIONS

In addition to DMV "Admin Per Se" or "Administrative Per Se" Hearings, which stem from a DUI Charge, the DMV can also take suspension actions for any alleged "Physical and/or Mental Condition" that "may" affect a person's ability to safely operate a motor vehicle. This can entail almost any type of physical or mental condition and includes the use of any medications a person may take that "may" affect a person's ability to safely operate a motor vehicle.

WHAT WILL BE DISCUSSED AT DMV PHYSICAL/MENTAL HEARINGS

The hearing officer will normally ask the driver questions about their driving history, driving needs, and medical condition (including the use of prescriptive medications). If dementia is an issue, the driver should anticipate some general questions about current their ability to recall certain events. If the person is a diabetic, the driver should expect to answer some general questions about their ability to control the diabetes. See Title 13 of the California Code of Regulations, §110.01, for factors to be considered.

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The hearing officer may, and often will, want a “Driver Medical Evaluation” [DS-2326] completed by the driver’s treating physician. If vision is an issue, a “Report of Vision Examination” [DL-62] may also be required.

Click the link to learn more about California Department of Motor Vehicles' Physical/Mental Hearings.