A reexamination is a proceeding where the California DMV reevaluates your ability to drive safely. The DMV does this when it receives information casting doubt on your driving skills. Common reasons include a physical or mental condition such as seizures or narcolepsy.
The reexamination process involves an interview of you and an examination of the evidence. It may also involve a live hearing in which you can be represented by an attorney.
Following the proceedings, a hearing officer may order:
- suspension of your driving privileges,
- reinstatement of your driving privileges,
- a driver medical evaluation to gain more insight into any physical or mental impairment, or
- that you can continue driving with a restricted permit.
If a hearing results in the suspension or revocation of your license, then you can appeal the DMV’s decision.
Our DMV hearing lawyers will discuss the following in this article:
- 1. What is a reexamination hearing?
- 2. How do I win a hearing?
- 3. What happens during a reexamination hearing?
- 4. Who typically informs the DMV of at-risk drivers?
- 5. What if the DMV takes away my driving privileges?
- Additional Resources
A reexamination hearing is a DMV proceeding in which the Department re-evaluates your ability to drive safely.
1. What is a reexamination hearing?
The California DMV conducts a reexamination hearing in order to:
- obtain and evaluate information about you, and
- determine if you are still able to drive safely.1
The DMV calls for the hearing after:
- it receives certain information, and
- that information suggests that you pose a risk to traffic safety.2
Ten examples of when a reexamination hearing might take place are when the DMV learns of:
- a physical or mental condition you have that hinders your ability to drive,
- you having had a lapse of consciousness while driving,
- you causing multiple accidents in a 12-month period,
- you being a negligent operator (having multiple traffic violations),
- your addiction to drugs or alcohol,
- you no longer having the skills or knowledge to drive safely,
- you having three or more DUIs,
- your reckless driving habits,
- your negligent driving habits, or
- you fraudulently using a driver’s license.3
2. How do I win a hearing?
You win a reexamination hearing by convincing the DMV that:
- you can drive safely, and
- this is true even despite the evidence the Department received.
You best accomplish this by:
- getting help from an experienced DMV hearing lawyer,
- learning of the reason for the hearing and preparing for any possible questions,
- getting familiar with the hearing process,
- obtaining and then showing the DMV records that support your ability to drive,
- getting statements from friends/family that show the same, and
- passing any relevant test (written, vision, or “behind-the-wheel).
Note that at the end of this hearing, a hearing officer may order:
- the reinstatement of your driving privileges (if previously removed),
- a medical probation,
- a restricted driving permit or license,
- a license suspension, or
- the revocation of your driving privileges.4
In general, you “win” a hearing if you leave it and are still allowed to drive.
3. What happens during a reexamination hearing?
A reexamination occurs in a DMV regional office. The hearing is conducted by a DMV driver safety hearing officer. This person is a DMV employee and is not a lawyer or judge.
The hearing often includes two separate phases. These are the:
- interview stage, and
- hearing stage.
The interview stage is when the hearing officer conducts a taped interview of you. The officer asks questions concerning why you may no longer be able to drive safely.
If the officer suspends your license after an interview, then a hearing takes place within 14 days. The hearing is your opportunity to show the DMV that:
- it should reverse the decision it reached at the interview, and
- you pose no risk to traffic safety.
You may present evidence of your safe driving during the hearing, such as:
- medical records,
- statements from friends and family,
- test results, and
- any relevant videos.
If you show you can drive safely, the hearing officer may reverse its initial decision.
4. Who typically informs the DMV of at-risk drivers?
A variety of parties may have contacted the DMV and provided evidence of unsafe driving. Some include:
- your doctor or surgeon who was obligated by law to contact the DMV,
- emergency medical personnel that treated you,
- a DMV employee who observed a suspect condition,
- your friends or family,
- a police officer, or
- your driving record may have alerted the DMV about accidents/citations.
If the DMV decides to conduct a reexamination hearing, they will mail you a Notice of Re-Examination Appointment. This notice contains:
- The reason for the reexamination hearing,
- The Vehicle Code Section authorizing the DMV to conduct the hearing,
- When and where the hearing will occur, and
- Any additional relevant information (for example, a demand that you file a medical report).
If the DMV sends you a Notice of Priority Re-Examination, then you have only five days to Driver Safety Office or risk a license suspension.5
5. What if the DMV takes away my driving privileges?
If a hearing results in the suspension or revocation of your license, you can request a DMV hearing to try to challenge the Department’s decision.6
Note that DMV administrative hearings are separate from criminal hearings in three main ways:
- they are held at the DMV while criminal hearings are held in court,
- they are held before a hearing officer instead of a judge, and
- the standards used to consider evidence are less strict than those used in court.7
At the end of the hearing, the DMV may decide to:
- overturn its decision reached at the reexamination hearing, or
- order that the decision remain in effect.
Additional Resources
For more information, refer to the following California DMV articles:
- Driver Safety Administrative Hearing Process – How DMV hearing work.
- Deteriorated Driving Skill – DMV procedures in the event you are no longer able to drive safely.
- Reissue Fees – The cost of reinstating your driver’s license.
- California Driver’s Handbook – Detailed overview of driving laws and regulations.
- Driver’s Licenses – Overview of types of driver’s licenses in California.
Legal References:
- California DMV website – DMV’s Reexamination Process (FFDL 27). California Vehicle Code section 12805 VC. California Vehicle Code Section 13801 VC. California Vehicle Code 12818 VC. California Vehicle Code 12804.8 VC. See, for example, Richardson v. Department of Motor Vehicles (; Wascheck v. Department of Motor Vehicles (.
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- California Vehicle Code 13800 VC (“The department may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed[.]”). California Vehicle Code 13801 VC (“If the licensee refuses or fails to submit to the re-examination, the department may peremptorily suspend the driving privilege of the person until such time as the licensee shall have submitted to the re-examination[.]”). California Vehicle Code 13952 VC (“The notice shall contain a statement setting forth the proposed action and the grounds therefor, and notify the person of his rights or the department, at the time it gives notice of its intention to act may set the date of Re-Examination, giving 10 days’ notice thereof.”).
- See note 1.
- DMV website – Driver Safety Administrative Hearings Process (FFDL 26).