A DMV reexamination is an administrative review of whether you can still drive safely, and it is separate from a DUI license suspension. It can start with an officer’s notice at a traffic stop or crash, or with DMV’s own investigation after it receives information or reviews your driving record, and missing a step can lead to a suspension by itself.

Two ways a reexamination starts

An officer’s notice. Under Vehicle Code section 21061, a traffic officer may issue a notice of reexamination when two things are true: you violated a rules-of-the-road provision, and at the time you showed the officer evidence of incapacity that led the officer to reasonably believe you could not drive without a clear or potential danger to yourself or others. The statute defines evidence of incapacity as evidence, other than the violation itself, of serious physical injury or illness, or mental impairment or disorientation, that is apparent to the officer. When you request the reexamination and present a legible copy of that notice, Vehicle Code section 12818 requires DMV to reexamine you under section 13801, without the 10-day notice that section otherwise requires.

DMV’s own investigation. Vehicle Code section 13800 lets DMV investigate when it receives information or its records show that you:

  • were involved as a driver in a crash causing death, injury, or serious property damage;
  • were involved in three or more crashes in 12 consecutive months;
  • had three or more alcohol- or drug-related driving convictions, alcohol- or drug-involved crashes, or a combination of them, within three consecutive years;
  • are a reckless, negligent, or incompetent driver;
  • permitted unlawful or fraudulent use of your license; or
  • fall under any ground for refusing a license.

Vehicle Code section 13801 then lets DMV require a reexamination.

The deadlines that matter

If an officer gave you a notice of priority reexamination, DMV’s Fast Facts guidance says to contact DMV within 5 working days of receiving it; the same guidance elsewhere says 5 days and warns that if you do not contact Driver Safety, your driving privilege will be suspended. That deadline comes from DMV’s guidance, not from the text of section 21061, so the safe course is to call right away.

When DMV schedules a reexamination after its own investigation, section 13801 requires 10 days’ written notice of the time and place. That period is notice to you, not a deadline for you to request a hearing. If you refuse or fail to submit to the reexamination, DMV may suspend your driving privilege, effective on notice, until you do. DMV’s guidance adds that if you do not personally appear for and complete a scheduled reexamination, your privilege will be suspended until you finish the process; someone else cannot appear for you but may come with you.

What DMV can require, and what it can decide

DMV may ask for medical information and may require knowledge, vision, or driving tests. Depending on the reason, the reexamination itself may be held in person or by phone. If a physical or mental condition presents an immediate threat to public safety, DMV says it can suspend or revoke immediately. DMV also says it does not reexamine anyone based on age alone.

After the reexamination, DMV is not limited to suspending or revoking. Vehicle Code section 14250 lets it place you on probation instead, with a probationary license and conditions, and the probation terms can include a period of suspension. DMV’s guidance lists the other possible actions, one or more of which may apply: no action, medical probation (periodic medical reports from your physician), a follow-up reexamination, a driving restriction such as daylight-only driving, suspension, or revocation. DMV notifies you in writing of any action and of your rights, including the right to an administrative hearing.

A suspension or revocation after a reexamination generally has no fixed end date. DMV says it will consider reinstatement when, for example, a physical or mental condition is under control, your record no longer shows negligent driving, or you complete the reexamination requirements and DMV is satisfied you can drive safely.

Practical steps

  • If you received a priority notice, call DMV Driver Safety immediately and keep the notice legible, since section 12818 ties the reexamination to presenting a copy of it.
  • If a medical condition is involved, gather current records from your doctor before the appointment.
  • Keep every notice DMV sends; the written decision is what tells you about your hearing rights.

This is not the DUI license hearing

After a DUI arrest, the 10-day window you may have heard about is the time to request a hearing before a DUI suspension takes effect (Vehicle Code section 13558(b)), and it belongs to the separate DMV Administrative Per Se hearing. A reexamination does not depend on a DUI arrest. It can follow a crash, a stop where an officer saw signs of incapacity, or a record showing, for example, reckless driving or negligent driving.

Talk to a lawyer before your reexamination deadline passes

The Law Offices of David S. Chesley can go over your notice and the driving record behind it with you before that deadline arrives. Call (800) 755-5174.