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How The DMV Decides Who Requires Reexamination – Attorney Myles Berman Explains


California law requires the DMV to probe and reexamine an individual’s ability to continue driving a motor vehicle safely whenever there is a report of physical or mental conditions that could impact driving abilities, or if specific entries appear on one’s driving record. DMV receives a vast amount of information from multiple sources. Some of the possible avenues for DMV to receive information on an individual are as follows:

Physicians and surgeons are legally required to report to DMV any conditions, diseases, or disorders that may present any potential loss of consciousness, awareness, or control. Alzheimer’s disease and other conditions that could affect competency behind the wheel would require a physician to report, as well as any other conditions which the physician has concern regarding how it could affect someone’s overall ability to drive a motor vehicle safely.

Emergency medical workers who handle patients or victims who are suffering or experiencing rapid or sudden unexplained loss of consciousness, general awareness, or control in any way.

Law enforcement officers may alert DMV if they determine during a traffic stop that someone is a reckless driver exhibiting unsafe driving practices.

Law enforcement officers who have simply observed an individual driving in what appears to be a reckless or unsafe manner may submit to the DMV that the individual should be reexamined.

Driver license renewals done by mail or in person, in which an individual notes that they have a disorder or disability, or disease, that could affect their ability to safely drive a vehicle at certain times, or potentially ongoing.

A poor driving record with multiple traffic law violations, a history of reckless driving, collisions, fraudulent activity regarding licensing, etc.

Concerned family members, people in an individual’s community, or friends who write letters to the DMV regarding a particular individual’s possible inability to continue driving safely.

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