If you fail a DMV reexamination, review the DMV notice immediately, identify the hearing deadline, and gather evidence that addresses the reason the department questioned your ability to drive safely. The DMV must notify you in writing of the action and your hearing rights.
The reexamination process is governed by California Vehicle Code § 13800 and related Driver Safety rules. It begins when the DMV receives information suggesting that a medical, mental, physical, or driving-skill issue could affect your ability to drive safely.
If the DMV proposes action against your license after the reexamination, an administrative hearing gives you the opportunity to challenge the evidence and present your own medical records, testimony, and other relevant evidence.
Key Takeaways for a Failed DMV Reexamination
- Failing a reexamination can lead to a restricted license, probation, suspension, or revocation.
- You generally have 10 days after receiving a notice of action, or 14 days from the date a mailed notice was issued, to request an administrative hearing.
- Medical records, physician evaluations, driving-test results, and other evidence related to the DMV's concerns can be important at the hearing.
- The hearing officer can sustain, modify, or set aside the DMV's action.
- A priority reexamination is different: if law enforcement issues one, you generally have five working days to contact the DMV.
What Should I Do After Failing a DMV Reexamination?
If you fail a DMV reexamination, request a DMV administrative hearing within the deadline on your notice, which is generally 10 days after you receive it or 14 days from the mailing date. Then, gather evidence that directly addresses the DMV's safety concerns.
What Happens After You Fail a DMV Reexamination?
After a reexamination, the DMV can take no action, place restrictions or probation on your license, suspend it, or revoke it based on whether the department believes you can continue driving safely.
If the DMV takes action against your driving privilege, it sends you a written notice explaining the action and your right to an administrative hearing. You generally must request that hearing within 10 days after receiving the notice or 14 days from the date of a mailed notice.
Pay close attention to the effective date in the notice. Requesting a hearing doesn't automatically stay every DMV action, particularly when the DMV believes a medical or physical condition creates an immediate driving risk.
What Evidence Helps at a DMV Reexamination Hearing?
The strongest evidence directly addresses the condition or driving problem that caused the DMV to question your ability to drive safely. The hearing officer can consider your medical condition, treatment, prognosis, driving history, and whether restrictions could allow you to continue driving safely.
Useful evidence can include:
- Current Physician Statements: A doctor can explain your diagnosis, current symptoms, treatment, prognosis, and how the condition affects your ability to drive.
- Specialist Evaluations: Reports from neurologists, cardiologists, ophthalmologists, or other specialists can address the particular condition the DMV identified.
- Treatment Records: Medication records and treatment plans can show whether the condition is being monitored and controlled.
- Driving History: Your DMV record can help show whether the medical or physical issue has actually corresponded with collisions, violations, or unsafe driving.
How Does the Formal DMV Reexamination Hearing Work?
A DMV administrative hearing gives you the opportunity to review and challenge the department's evidence and present evidence supporting your ability to drive safely. The hearing takes place before a DMV Driver Safety Hearing Officer rather than a judge.
You have the right to testify, present witnesses, submit relevant records, review the DMV's evidence, and cross-examine witnesses. You can also have an attorney or another representative appear with you at your own expense.
The hearing officer can sustain the DMV's action, modify it, or set it aside. Depending on the circumstances, the DMV can also use restrictions that limit when or where you drive, such as prohibiting nighttime driving.
FAQ for a Failed DMV Reexamination
What Can Trigger My DMV Reexamination in California?
Physician reports, law enforcement referrals, reports from family members or other people, your driving record, and information the DMV receives about a medical or physical condition can trigger a reexamination.
The DMV can also require testing or medical information when it has reason to question whether you can continue driving safely.
Can I Drive While Waiting for My DMV Hearing?
Whether you can continue driving depends on the DMV action and whether it has been stayed. Requesting a hearing doesn't automatically stop every suspension or revocation, particularly when the DMV determines that a medical or physical condition creates an immediate safety risk.
Check the effective date and terms stated in your DMV notice rather than assuming your license remains valid.
What Are My Options if I Lose the DMV Hearing?
You can have the right to request departmental review and to challenge the DMV decision in Superior Court, but the deadline depends on the type of action involved. The DMV states the applicable review and appeal deadlines in the written decision, so use that notice rather than assuming a universal 15-day or 90-day deadline applies.
Does My Failed Reexamination Show Up on My Driving Record?
Any resulting restriction, suspension, revocation, or probation can become part of your DMV driving record. Medical information itself receives separate confidentiality protections and is not treated like an ordinary public driving record entry.
Can I Refuse My Initial DMV Reexamination?
Refusing or failing to complete a required reexamination can cause the DMV to suspend your driving privilege until you submit to the reexamination. California Vehicle Code § 13801 expressly gives the DMV that authority.
Act Now Before Your DMV Hearing Deadline Passes
A DMV action after a failed reexamination can restrict, suspend, or revoke your driving privilege, and you can lose your hearing rights if you miss the deadline stated in the notice. If the DMV has proposed action against your license, the Law Office of Rodney Gould can review the notice and help you prepare for the administrative process.
Call (818) 981-1760 or use the online contact form to get started.