July 9, 2015 By Matthew Wallin
medical hold on driver's license - elderly
Those most commonly affected by a medical hold on their driver’s license are elderly drivers and others who suffer from one or more medical conditions.

What exactly is a medical hold on your driver’s license? If you have a certain medical condition, the Department of Motor Vehicles may suspend or revoke your privilege to operate a vehicle. A medical hold is a probationary period in which the DMV determines whether you, as a result of your medical condition, are fit and physically able to drive. If the DMV believes you are not fit to drive as a result of your condition, you may have your driver’s license suspended or revoked.

What are Conditions That May Cause a Medical Hold on Your License?

Your license may be taken away if you experience episodes of confusion or lapses in consciousness as defined by the California Code of Regulations (CCR) in Title 17, Division 1, Chapter 4, Sections 2800 to 2808.

Your driving privilege may be revoked if you have a condition which results in the following symptoms:

  • Loss of consciousness
  • Poor judgment
  • Poor vision
  • Lack of agility
  • Decreased alertness.1

What Happens When You Receive a Medical Hold on Your License?

If the DMV is notified of any physical or medical condition, the department has the authority to take the following actions on your license:

  • Medical Probation Type II
  • Medical Probation Type III
  • Suspension
  • Revocation2

If you are shown to have had control of your condition for 3 to 5 months, you may be placed on Medical Probation Type II and you will be permitted to drive as long as you submit a Driver Medical Evaluation (form DS 326) on a regular basis.

If you have controlled your condition for 6 months or more but there is still some risk you could have symptoms that interfere with your ability to drive safely, you may be placed on Medical Probation Type III. Under this probation, a medical evaluation is not required.

Under a medical hold (or medical probation), your medical condition will be monitored by the DMV to ensure you are able to safely drive. On probation you must authorize your physician to give the DMV regular medical evaluations of your condition. You must also provide a written report to the DMV on your condition and abide by any restrictions the DMV places on you (CCR, Title 13, Section 110.02).3

Why Should You Hire an Attorney if Your License is Under Medical Probation?

Under the California Code of Regulations, Title 13, Section 110.01, the DMV may consider the following factors in making the decision to suspend or revoke your driving privilege:

  • What you say about your own condition
  • What others say about your ability to drive
  • Whether your condition is controllable with medication
  • Whether you reliably take your medication
  • Your driving record
  • A medical evaluation and prognosis by a physician

Hiring an attorney with experience in DMV hearings is in your best interest if you wish to keep your driver’s license. Your attorney has knowledge of the legal determinations which go into the decision to revoke your license. An attorney can present the most favorable argument on your behalf regarding the aforementioned factors.

Call the DMV Hearing Attorneys at Wallin & Klarich

If you have a medical hold on your driver’s license, contact our experienced attorneys at Wallin & Klarich. Wallin & Klarich has over 30 years of experience successfully defending our clients at DMV hearings. We are confident that we can help you achieve the best possible outcome in your case. Our capable attorneys will argue on your behalf and may be able to restore your ability to legally drive.

We have offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. Wherever you live, you can find an experienced Wallin & Klarich DUI defense attorney who you can help you nearby.

Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.

1. http://www.dmv.com/ca/california/suspended-license?page=1

2. https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/lapes

3. https://govt.westlaw.com/calregs/Document/I32F3A850D46811DE8879F88E8B0DAAAE?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

Your Answer

1 comment

  1. I was told not to drive for 6 months by my Physician. 8 months later I started driving but was given a ticket for driving on a suspended license
    Went to court 3 times
    1st time. the officer hadnt even posted the ticket.
    2nd time it was not on the docket and they wanted me to pay a fine.
    3rd time I was at my daughters graduation.

    all in all the hold was total bull, the medication I was on had not been taken for 16 months at that point. Now the have a warrant out for my arrest. I honestly want to strangle that officer that saw my drs note with the dates stating my restrictions and The DR for reporting to the DMV even though I had listened to his advice not to drive. He never called the dmv back to lift my hold. I have an out of country death/funeral in the family that id like attend but I am affraid I cant do that as a warrant has been placed on me.

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