Elderly Drivers and the California DMV (How to Keep Your California Driving Privileges)

The California DMV may not revoke, suspend, or restrict your driver’s license just because you are over a certain age.¹

Though if you are a senior citizen, this may not feel true. The California DMV has a number of policies in place that can make it difficult to retain your driving privileges in your golden years.

For starters, if you are 70 or older, the California DMV requires you to submit to more frequent driving tests than everyone else.²

What’s more, California’s process for suspending licenses due to physical or mental conditions leads to many elderly people getting a license suspension.

If you are a senior citizen with a medical condition that could affect your ability to drive safely, the DMV may require you to undergo a process called a DMV reexamination or a “P&M hearing.”³ This process involves:

• Completion of a written medical history by you and your doctor,
• Written, vision, and driving tests, and
• An in-person hearing at which you may present evidence and arguments supporting your ability to be a safe driver.⁴

This process is complicated, confusing, and time-consuming. As a result, it frequently leads to license suspensions of people whose conditions do not actually harm their driving skills – including many elderly drivers.

Finally, elderly drivers frequently fall victim to California’s “negligent operator” law: If you accumulate enough moving violations – even minor ones – or cause an accident, you may face a license suspension on this basis.⁵

In order to help you understand California DMV driver’s license suspensions for elderly drivers, our California DUI attorneys will address the following:

• 1. What are the driver’s license renewal requirements for senior citizens?
• 2. What physical or mental conditions trigger license suspensions?
  • 2.1. How does the DMV learn about physical or mental conditions?
  • 2.2. How does the DMV address physical or mental conditions?
  • 2.3. What is the California DMV reexamination process for elderly drivers?
• 3. How do elderly drivers get a “negligent operator” license suspension in California?
• 4. How can I protect my driving privileges?
  • 4.1. How do I challenge a DMV license suspension?
  • 4.2. What are the defenses to fight a license suspension?
• 5. Can senior citizens get restricted licenses?

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. What are the driver’s license renewal requirements for senior citizens?

There are countless elderly drivers in California who are perfectly capable of driving safely and do so on a daily basis.

Unfortunately, our society is still heavily influenced by stereotypes about mature drivers. These stereotypes can affect your license.

One of the more burdensome requirements the California DMV imposes on you if you are at least 70 years old is that you must renew your driver’s license in person (instead of by mail or the internet like most people).⁶

This is so the DMV can personally evaluate you before it decides whether to renew your driver’s license. DMV employees will closely scrutinize your

• physical coordination,
• vision,
• hearing, and
• overall mental state.

If a DMV employee suspects that your medical condition or mental state may prevent you from driving safely, that employee may report this back to the department. As a result, you may be forced to undergo a driver medical evaluation for a physical or mental condition, as we describe in Section 2 below.

Vision test

The DMV requires drivers to have 20/40 vision (with the help of corrective lenses if necessary). It is common for an elderly driver to be required to take a vision test to get a license renewal.

Limited vision is one of the most common problems facing elderly drivers. For most of us, our ability to see clearly and to focus (especially in the dark) decreases as we get older.

However, that does not mean that we still cannot see clearly enough to drive safely or that our vision problems cannot be corrected.

There are several steps to the vision test that the California DMV commonly issues to senior drivers:

1. The first step is a vision test using a typical “wall chart.”
2. If you do not pass the wall chart test, you will be required to look into a machine that measures how clearly you see small details.
3. If you do not pass the machine test, you will be required to see a licensed ophthalmologist or optometrist. They will need to fill out a DMV “report of vision examination,” which you will bring back to your local DMV office.
4. If your eye doctor does not believe you are capable of driving safely, the DMV may proceed to suspend your license. Though if the eye doctor determines that your condition does not impair your ability to drive safely, the DMV will re-administer its vision test.
5. If you don’t pass the DMV’s vision test this time, you will be required to take a driving test.

Written test

You may also be asked to take a written driving skills test when you renew your license.

Luckily, the California DMV’s written exam for license renewals only has 18 questions, the answers to which can be found in the California Driver Handbook.

Despite the fact that it is called a “written” test, you may take this test by

1. listening to a cassette tape rather than reading the material, or
2. having an examiner ask you the questions.

Large-print versions of the test – another accommodation that can be handy for elderly drivers – are also available.

2. What physical or mental conditions trigger license suspensions?

According to the California Vehicle Code, the California DMV may suspend your license if you suffer from:

1. A disorder that leads to “lapses of consciousness,”
2. A disorder that has caused you to experience a lapse of consciousness or “episode of marked confusion” in the last three (3) years and could do so again, or
3. Any other physical or mental condition that can affect your ability to operate a motor vehicle safely.⁷

Certain medical conditions that often affect senior drivers can therefore lead to a license suspension. These include:

• Alzheimer’s disease,
• Dementia,
• Cataracts,
• Macular degeneration,
• And even diabetes (which can cause you to have an increased risk of crashing).⁸

In addition, senior citizens frequently take prescription and/or over-the-counter medications to help manage conditions like arthritis, depression, high blood pressure, etc. These medications may have side effects such as:

• Dizziness,
• Sleepiness,
• Blurred vision, and/or
• Slowed reaction time.

So these medications – which you may have no choice but to take in order to manage a serious condition – can also lead to the DMV initiating the process to suspend your license because of a physical or mental condition.

2.1. How does the DMV learn about physical or mental conditions?

As we mentioned above, the DMV may decide to evaluate you for a physical or mental condition based on the report of an employee who observes you when you come in to renew your license in person – as is required for elderly drivers.

Other common sources of information about your condition include:

• medical professionals (California doctors are required by law to report anyone who suffers from a condition that can lead to “lapses of consciousness”⁹),
• law enforcement officers (such as a highway patrol officer who cited you for a moving violation),¹⁰
• judges, and
• concerned family members, friends, or other private citizens.

Example: Patty is 70 years old and has just been diagnosed with macular degeneration. Because her condition makes it difficult for her to see in the dark, she has stopped driving at night –but still drives frequently during the day.

A member of Patty’s church hears about her diagnosis and contacts the DMV, letting them know that she is concerned about Patty’s ability to drive at any time. So the DMV decides to investigate Patty’s driving ability.

2.2. How does the DMV address physical or mental conditions?

If the California DMV learns that you have a physical or mental condition that could threaten your driving skills, it will take one of three (3) actions:

1. In cases where the DMV thinks it is unlikely that your condition poses a risk, they may request that you and your doctor submit a form known as a “DMV driver medical evaluation (DS-326)” or “DME.” This document requires you to complete a comprehensive health history. (Providing false information on the form could subject you to prosecution for perjury.) It also requires your doctor to provide information about your diagnosis, treatment, and any problems as they may relate to your driving ability.
2. If the DMV is a bit more concerned, it will require you to undergo an in-person evaluation of your driving ability called a “reexamination.”¹¹ The DMV may also require a reexamination if you have submitted a driver medical evaluation form, and your responses on the form give them cause for concern. We discuss the reexamination process in more detail in Section 2.3 below.
3. In extreme cases, after hearing about your medical condition, the DMV may immediately suspend or revoke your license.¹²

2.3. What is the California DMV reexamination process for elderly drivers?

A reexamination is an in-person evaluation of your driving skills. It will take place at your local California DMV driver safety office.

For mature drivers, a reexamination will likely include:

• vision and/or written tests like the ones described in Section 1 above,
• testimony from you and/or your physician about your medical condition and its effect on your driving ability, and
• at least one driving “performance” test.¹³

Driving test

The first driving test you are likely to receive at a DMV reexamination for a physical or medical condition is called a Supplemental Driving Performance Evaluation.

To pass the SDPE, you must prove that you can do the following:

• Follow multiple directions,
• Safely change lanes,
• Concentrate on driving while the examiner is speaking,
• Drive safely on the freeway, and
• Remember a route.

If you fail the SDPE, you may still be able to retain limited driving privileges by taking and passing an Area Driving Performance Evaluation (ADPE).

The ADPE will test your driving only in a specific pre-determined area. It is usually taken near your home and covers the routes you take most frequently.

If you pass the ADPE, you may be issued a restricted license that allows you to drive only those routes – something that can be extremely helpful for elderly drivers.

Example: Stephen is 85 and suffers from mild dementia. When he is called in for a DMV reexamination, he fails his initial SDPE driving test, in part because he cannot drive confidently on the freeway or remember his route.

However, Stephen and his DMV hearing attorney request that he be given an ADPE. This test covers only Stephen’s surface-street drive between his house and the three locations he visits the most: his doctor’s office, a local pharmacy, and the grocery store.

Stephen is able to pass this second test–so he is able to keep a driver’s license allowing him to drive to those locations.

After a reexamination for a physical or medical condition, the DMV may determine that you can no longer be on the road safely and suspend your license.

If this happens to you, you must not drive unless your license gets reinstated. Driving on a suspended license in California is a crime and could subject you to jail time, an impounding of your car, fines and other penalties.¹⁴

3. How do elderly drivers get a “negligent operator” license suspension in California?

You are considered a negligent operator if you have accumulated a certain number of “points” on your driving record. You accumulate points for

• Moving violations such as speeding or running stop signs (these typically lead to one (1) point on your record),
• Vehicle-related criminal convictions such as driving on a suspended license, hit and run, “wet reckless” or “dry reckless” driving, etc. (these typically lead to two (2) points on your record), and
• Being involved in an accident in which you were at fault (this typically leads to one (1) point on your record).¹⁵

Your license may be suspended or revoked if you accumulate:

• Four (4) points in a 12-month period,
• Six (6) points in a 24-month period, or
• Eight (8) points in a 36-month period.¹⁶

Example: At 72 years old, Ruth qualifies as an elderly driver. She has always been a competent driver, but lately her eyesight and concentration aren’t what they used to be. In one year, she is pulled over three times – twice for running hard-to-see stop signs, and once for speeding. Then, later that year, she rear-ends another vehicle.

Ruth has accumulated three (3) points for her three traffic violations, and one (1) more point for her accident. Because she earned four (4) points in 12 months, she runs the risk of losing her license as a negligent operator.

4. How can I protect my driving privileges?

Seek the advice of an experienced DMV hearing attorney. Unlike a California criminal case, the state will not provide you with a free attorney if you are unable to afford one. However, you are still entitled to have a California DMV hearing lawyer defend you in a DMV hearing if you have the financial means to retain one.

4.1. How do I challenge a DMV license suspension?

Vehicle Code 14100 hearing

If your driver’s license is suspended or revoked because of a physical or mental condition – or because you have accumulated enough points to be considered a “negligent operator” – you may challenge the suspension at a DMV administrative hearing. (These hearings are provided for under Vehicle Code 14100 VC.)¹⁷

If you are an elderly driver facing this situation, you must act fast. You need to request a hearing within ten (10) days of receiving notice of a license suspension.¹⁸ If you do so, then your license will remain effective until the hearing is completed.

Like the reexamination for a physical or mental condition, this hearing will require you to travel to a California DMV driver safety office to make your case. You may

• present evidence on your behalf and
• can be represented by an attorney.

A DMV hearing officer will preside over the hearing.

After the hearing, the DMV will notify you in writing as to whether it will

• uphold the suspension of your license or
• allow you to maintain your license.

Departmental review

If your license remains suspended after a Vehicle Code 14100 hearing, the next step is what is called a DMV “departmental review” of the decision. You must request this review within fifteen (15) days of finding out about the results of your hearing.¹⁹

If you request a departmental review of a license suspension, the suspension will not go into effect until the review is finished.²⁰

The DMV will review the reexamination and hearing records, including all the evidence presented, in order to determine whether the hearing officer made the correct decision. You do not need to attend another hearing if you request a departmental review.

Challenging your license suspension in court

If all else fails, you can take your case to California Superior Court.

You have

• Thirty-five (35) days after notice of the results of a hearing, or
• Ninety-five (95) days after notice of the results of a departmental review (if they requested one),

to challenge a license suspension by filing something with the court called a “Petition for Alternative Writ of Mandate.”²¹

The deadlines and process for this procedure are complicated, so a good DMV attorney is highly recommended if you go this route.

4.2. What are the defenses to fight a license suspension?

Many DMV hearing officers are biased against senior drivers and wrongly assume that anyone over a certain age cannot safely drive a car. Experienced legal representation can help you convince the DMV that this assumption is wrong and that any medical conditions you have

• are under control and
• do not impact your ability to drive safely.

Here are some ways in which a DMV hearing attorney can help you save your driver’s license.

Preparing for testing

It is a very good idea to enroll in and complete a mature driver improvement program.

Successful completion of such a program before you run into trouble with your driving privileges is helpful in two ways.

1. It will demonstrate to the DMV that you are taking your driving skills seriously.
2. It will help you perform well on any testing you may have to complete to renew your license or to pass a physical or mental condition reexamination.

You may have developed non-ideal driving habits over your decades of driving – not because of any medical condition related to your age, but just because you have been driving for so long. A “refresher course” in basic driving skills can help you identify and eliminate these.

Presenting evidence and testimony

At either a physical or mental condition reexamination – or a Vehicle Code 14100 hearing to challenge your license suspension – you have the right to present live testimony or documentary evidence in support of your case.

According to Beverly Hills DMV hearing attorney John Murray²²:

“Senior drivers often present testimony from their doctors or optometrists. The medical professionals who treat you are the ones that know your condition best. They can testify to the fact that your condition does not affect your driving ability–or does not have to affect it in the future if you take steps to control it (medication, wearing glasses, etc.).”

Focusing on your present ability to drive safely

Another way to accomplish your goal – maintaining your driving privileges – is to focus on your present ability to drive safely.

Maybe your driving was less than perfectly safe in the past because you had not yet gotten a diagnosis and effective treatment for a medical condition.

Though you can overcome this by emphasizing the changes you have made and the fact that, as a consequence, you are presently able to drive safely.

Maybe you have gotten a new pair of glasses, or equipped your car with larger mirrors. Maybe you have started taking medication for depression that greatly improves your ability to concentrate.

Example: Mark is in his late 60s and has developed Type 2 diabetes and depression. For a while, his depression keeps him from sleeping, and he is often very tired when he drives. His diabetes is also not well-controlled, and swings in his blood sugar affect his ability to concentrate.

One day when he is exhausted and distracted, Mark crashes his car on the freeway. A highway patrol officer reports him to the DMV as possibly having an unsafe physical or mental condition.

The accident is a wake-up call for Mark. He starts seeing a psychiatrist and receives a prescription for antidepressants. He also talks to his doctor, who puts him on insulin to regulate his diabetes.

So when Mark attends his reexamination, he and his DMV hearing attorney offer testimony from his psychiatrist and doctor. These medical professionals argue that Mark’s ability to drive safely in the future will be greatly increased from what it was in the past thanks to his current treatment. As a result, the DMV decides to allow Mark to keep his license.

Reviewing and cross-examining any DMV evidence and witnesses

The DMV may be trying to suspend or revoke your license based on fundamentally flawed evidence.

Perhaps there are innocent explanations that make your driving record seem worse than it actually is. For example:

• Maybe the doctor who reported you to the DMV really does not know your medical history and had not done a thorough examination.
• Maybe the police officer who reported you has a personal bias against senior drivers.

In this area especially, an aggressive, experienced DMV hearing attorney could perhaps make the difference between keeping and losing your license.

5. Can senior citizens get restricted licenses?

In some cases, you may simply not be able to keep your license on an unrestricted basis. Though losing your license altogether is not the only possible outcome in those cases.

If you have a medical condition that will affect your driving no matter what you do, you and your attorney may be able to convince the DMV to issue you a“restricted” or “probationary” license. This still allows you to keep your license but under closer supervision and more limited circumstances.²³

Here are some examples of the restrictions that might be placed on a restricted license for a senior driver:

• A requirement that you wear glasses or contact lenses,
• A requirement that you drive a car with special equipment, like extra-large mirrors or hand pedals,
• A requirement that you only drive on surface streets (no freeway driving),
• Limitations on the time of day when you may drive (no driving at night, no rush-hour driving, etc.), or
• A requirement that you follow a treatment plan for a medical condition.

Call us for help…

If you or a loved one is an elderly driver and want to keep your California driving privileges and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a consultation in office or by phone.

We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

For our article on Nevada rules for elderly drivers, see our article on Nevada rules for elderly drivers.

Additional Resources:

California DMV senior driving “self evaluation”: A 15-question self-assessment test to help you evaluate the safety of your driving

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Legal References