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What Happens When Someone Is Referred to the DMV for Reexamination?

Quick answerThe DMV must reexamine a driver when told of a physical or mental condition that may affect safe driving, or when the record shows problems such as three collisions in 12 months. Referrals come from doctors, emergency personnel, officers, family on form DS 699, or the driver's own application. After an officer's priority referral, you must contact DMV Driver Safety within five days or the license is suspended.

What the law and the DMV say

The DMV describes the duty plainly: it "is required by law to investigate and reexamine your ability to operate a vehicle safely" when it learns of a physical or mental condition, or when your driver record shows three accidents within 12 months, traffic law convictions, reckless, negligent or incompetent driving habits, fraudulent use of a license, or other grounds that would justify refusing a license.

Referrals come from a defined set of sources:

Every request must be signed, but the person reporting may ask that their name not be revealed, and the DMV says records reporting a physical or mental condition are confidential unless disclosure is mandated by law.

Regular versus priority reexamination

A regular reexamination may involve requests for medical information and knowledge, vision and drive tests, and may happen in person or by telephone. A priority reexamination starts when an officer who observed the driving serves a notice at the roadside. The DMV says that after a priority notice you must contact Driver Safety within five days, or the driving privilege will be suspended, and you will take knowledge, vision and drive tests and present medical information. If a condition presents an immediate threat to public safety, the DMV can suspend or revoke at once.

What the hearing officer can decide

OutcomeWhat it means
No actionThe condition or record does not warrant action
Medical probationPhysician reports (form DS 326) due on set dates
Calendar reexaminationA scheduled follow-up reexamination
RestrictionDriving only under conditions, such as daylight or within an area
Suspension or revocationIndefinite suspension, or termination of the privilege

The DMV must give written notice of any action and of the right to an administrative hearing. Its senior-driver guidance says the request must be made within 10 days if the notice was handed to you, or 14 days if it was mailed.

What it means for the household policy

A restriction is part of the license, and driving outside it is driving outside the terms of your license. Tell your insurer when a household driver's license is restricted, suspended or surrendered, and say plainly who will drive which car. A suspension of a listed household driver's license is among the grounds Insurance Code section 661 lists for cancelling a policy, so silence is the riskier choice.

What to do

  1. If you are worried about someone's driving, talk with them first, then use form DS 699 or a signed letter if needed.
  2. If you receive a priority notice, call Driver Safety within five days.
  3. Gather medical paperwork early; the DMV may ask for it.
  4. Calendar the hearing deadline: 10 days if served in person, 14 if mailed.
  5. Update the policy once the outcome is known.

If the household's drivers or cars are changing, you can review your coverage here.

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More of what callers ask

Can I report an unsafe driver to the DMV anonymously?

Your request must be signed, but you may ask that your name not be revealed to the driver, and the DMV says it honors that to the fullest extent possible.

How long do I have after a priority reexamination notice?

The DMV says you must contact Driver Safety within five days, or your driving privilege will be suspended.

Who can ask the DMV to reexamine a driver?

A doctor, emergency medical personnel, a law enforcement officer, DMV staff, or a family member, friend or neighbor using form DS 699 or a signed letter. A driver can also self-refer.

Can I appeal a reexamination decision?

Yes. You may request an administrative hearing, within 10 days if personally served or 14 days if mailed, and adverse decisions can be reviewed further.