DMV Re-examination

There are two types of DMV Offices – DMV Driver Safety Offices and DMV Field Offices.

Driver safety offices are special DMV offices that handle DMV Priority Re-Examinations, Regular Re-Examinations, and DMV Hearings. There are currently 17 Driver safety offices located throughout the State of California. (https://www.dmv.ca.gov/portal/driver-education-and-safety/driver-safety-offices/) 

IF YOU RECEIVED A NOTICE OF PRIORITY RE-EXAMINATION OR REGULAR RE-EXAMINATON (DS 427) OR ORDER OF SUSPENSION/REVOCATION BECAUSE OF LACK OF KNOWLEDGE, LACK OF SKILL, OR A CONDITION CHARACTERIZED BY LAPSES OF CONSCIOUSNESS OR CONTROL, YOU MUST IMMEDIATELY CONTACT THE DRIVER SAFETY OFFICE CLOSEST TO WHERE YOU LIVE. Driver safety offices are special DMV offices that handle DMV Priority Re-Examinations, Regular Re-Examinations, and DMV Hearings. There are currently 17 Driver safety offices located throughout the State of California. (https://www.dmv.ca.gov/portal/driver-education-and-safety/driver-safety-offices/)

We can help you with your DMV Re-Examination and DMV Hearing anywhere in the state of California, please call (310) 285-1516 for help with your license and DMV hearing.

Were you served with a Notice of Priority Re-Examination of Driver by a Police Officer or the DMV after you were involved in an accident or after getting pulled over?

– A Priority Re-Examination means a Police Officer has reported you to the DMV and is requesting the DMV immediately test and examine you because the Officer thinks you are a risk to public safety, and you may have an incapacity. The Police Officer believes you are unable to safely drive because you suffered a lapse of consciousness or control or because of a lack of skill or lack of knowledge or some other reason. If a police officer served you with a Notice of Priority Re-Examination of Driver, the police officer believes you exhibited evidence of an incapacity which led the officer to believe you are not capable of driving a motor vehicle without presenting a clear or potential danger or risk of injury to yourself or others.

A Priority Re-Examination allows the DMV to obtain and evaluate information about you and conduct tests to determine if you may be a potential risk to traffic safety.

IF THE POLICE OFFICER SERVED YOU WITH A NOTICE OF PRIORITY RE-EXAMINATION (DS-427) YOU MUST CONTACT THE DMV WITHIN 5 DAYS – If you don’t immediately contact the DMV within 5 days, the DMV will issue you a notice of suspension for non-compliance and the DMV will suspend your license. You will not be able to get your license back until you successfully complete a DMV Re-Examination.

In a PRIORITY RE-EXAMINATION, the DMV will interview you to learn more about your health, medical history, driving history, etc. and what happened in the driving incident with the Police Officer. The DMV will have you take a written test, a vision test, and if you pass the written and vision test the DMV will have you take a driving test. All these tests must be done within 72 hours of you contacting the DMV. The DMV will also require you to have a Doctor examine you and fill out a medical evaluation form and then submit it to the DMV within 10 days. If you fail the written test your license will be suspended and there will not be a driving test. You must successfully pass the written test, vision test, driving test, medical examination, and interview to keep your license.

In a Priority Re-Examination be prepared to do the following:

1) Attend A DMV Interview/Hearing to answer questions about your medical history and what happened in the driving incident that was reported to the DMV. Since the Covid-19 epidemic, DMV Interview/Hearings are conducted by phone. We can provide an experienced attorney to be on the phone during your interview.

2) Submit a Driver Medical Evaluation – you will have to get a Doctor to evaluate you and submit a medical evaluation form to the DMV within 10 days.

3) Take DMV Vision Test – you will have to take and pass a vision test at a DMV Driver Safety Office closest to where you live.

4) Take a Written Test concerning your Knowledge of the Rules of the Road – you will have to take and pass a written test testing your knowledge of the Rules of the Road.

5) Take a Driving Test – you will have to take and pass a Driving test.

If your vision is being questioned, be prepared to have an Ophthalmologist or Optometrist complete the DMV Vision Examination report and submit their findings to the DMV.

IF YOU FAIL THE WRITTEN TEST OR THE VISION TEST OR DRIVING TEST YOUR LICENSE WILL BE IMMEDIATELY SUSPENDED DUE TO LACK OF SKILL AND/OR LACK OF KNOWLEDGE.

A DRIVING TEST IS MANDATORY IF A POLICE OFFICER IS REQUESTING A PRIORITY RE-EXAMINATION – you will be required to successfully pass a DMV driving test in a Priority Re-Examination to keep your license.

THE TIMELINE FOR A PRIORITY RE-EXAMINATION

5 DAYS – If you have been served with a Notice of Priority Re-Examination you only have 5 days to contact a DMV Driver Safety office for a Priority Re-Examination. If you fail to contact the DMV, your license will be suspended.

3 DAYS – After you contact the DMV you will be required to take a written test, a vision test, a DMV Hearing/Interview, and a Driving test, all to be completed in 3 days.

10 DAYS – The DMV will also require you to submit a Driver Medical-Evaluation Form. You will need a doctor to examine you and fill out this Driver Medical Evaluation Form and send it to the DMV. The Driver Medical Evaluation form may be delivered in person to the Driver Safety Office, or Faxed or emailed to the Driver Safety Office. You only have 10 days to provide this Driver Medical Evaluation Form to the DMV. Failure to submit the Driver Medical Evaluation will result in your license being suspended.

Here’s a link for the Medical Evaluation form https://www.dmv.ca.gov/portal/uploads/2020/06/DS326.pdf. Please download and print this 5-page form, and follow the “INSTRUCTIONS TO THE DRIVER: Please take this form to the medical professional most familiar with your health history and current medical condition. Before giving this form to your medical professional, complete and sign Sections 1-3. PLEASE PRINT LEGIBLY”. When completed, the Driver Medical Evaluation form may be delivered in person to the Driver Safety Office, or Faxed or emailed to the Driver Safety Office.

If you fail your written test, vision test, or driving test, the DMV will suspend your license. If the DMV suspended your license because you failed one of these tests, please call us at (310) 285-1516 so we can help you get your license back. We want to help you get a DMV Hearing so you can get another chance to do a driving test, written test, or vision test. If you failed your driving test, we want to help you get a special instructional permit so you can practice and prepare to take the driving test again. Before you take the DMV Driving test, we recommend practicing and driving with a trained driving instructor who is familiar with the requirements for you to pass the test.

We specialize in helping people with the DMV and their Priority Re-Examinations and Regular Re-Examinations and DMV Hearings so they can get their licenses back and drive again.

If the DMV suspends your license after a Priority Re-Examination, you need to request a DMV Hearing IMMEDIATELY if you received an Order of Suspension/Revocation from the DMV because of lack of knowledge, lack of skill or a condition characterized by lapses of consciousness or control. You only have 10 days to make a DMV hearing request. You need to request a DMV hearing, or we can do it for you, so you get another chance to pass the written test, vision test, driving test, medical examination, and interview.  You need to get another opportunity to show the DMV you are capable of safely driving so you can get your license back and drive again.

IF YOUR LICENSE IS SUSPENDED AFTER A RE-EXAMINATION, PLEASE CALL US IMMEDIATELY SO WE CAN REQUEST A DMV HEARING FOR YOU AND HELP YOU WITH YOUR DMV HEARING AND DMV RE-EXAMINATION – WE SPECIALIZE IN HELPING PEOPLE WITH THEIR DMV HEARINGS AND DMV RE-EXAMINATIONS AND HELPING THEM GET THEIR LICENSE BACK SO THEY CAN LEGALLY DRIVE AGAIN. PLEASE CALL (310) 285-1516 TO SPEAK TO AN ATTORNEY SPECIALIZING IN DMV HEARINGS AND RE-EXAMINATIONS.

IF YOU RECEIVED A NOTICE OF PRIORITY RE-EXAMINATION OR REGULAR RE-EXAMINATON (DS 427) OR ORDER OF SUSPENSION/REVOCATION BECAUSE OF LACK OF KNOWLEDGE, LACK OF SKILL, OR A CONDITION CHARACTERIZED BY LAPSES OF CONSCIOUSNESS OR CONTROL, YOU MUST IMMEDIATELY CONTACT THE DRIVER SAFETY OFFICE CLOSEST TO WHERE YOU LIVE. Driver safety offices are special DMV offices that handle DMV Priority Re-Examinations, Regular Re-Examinations, and DMV Hearings. There are currently 17 Driver safety offices located throughout the State of California. (https://www.dmv.ca.gov/portal/driver-education-and-safety/driver-safety-offices/).

We can help you with your DMV Re-Examination and DMV Hearing anywhere in the state of California, please call (310) 285-1516 for help with your license and DMV hearing.

A DMV Priority Re-Examination is typically issued by Police Officers to drivers who are involved in accidents or who commit driving violations beginning with California Vehicle Code Section 21000 through 23336 and at the time of the accident or violation, the driver exhibited evidence of incapacity which led the police officer to reasonably believe that the driver is not capable of safely driving and the driver presents a clear or potential danger or risk of injury to themselves or others.

A REGULAR RE-EXAMINATION: DMV Re-Examinations are designated as either Priority or Regular. A Regular Re-Examination is like a Priority Re-Examination but does not have to be completed as quickly. In a Regular Re-Examination, the DMV Driver Safety Hearing Officer will interview you. The Driver Safety Hearing Officer in the interview will ask you a wide range of questions about your health, medical history, driving history, and specific incidents on your driving record.  After the interview the DMV Hearing Officer will then decide whether you have to take a Written Test, a Vision Test, a Driving Test, submit a Medical Evaluation Form (DS 326) filled out by a Doctor, or submit a vision examination report filled out by an ophthalmologist or optometrist if your vision is in question.

THE DMV WILL HAVE YOU UNDERGO A REGULAR RE-EXAMINATION if a Doctor, Judge, Police Officer, Emergency Medical Personnel, DMV Employee, Family Member, Friend, or Acquaintance etc. reported you to the DMV about concerns they have about your ability to safely drive. If the DMV learns you are suffering from a disease, disorder, or disability that affects your ability to safely drive the DMV will re-examine you.

DOCTORS ARE REQUIRED TO REPORT TO THE DMV ANYONE WHO SUFFERS A LAPSE OF CONSCIOUSNESS OR A SEIZURE. THE DMV WILL REQUIRE A REGULAR RE-EXAMINATION FOR ANYONE WHO SUFFERED A LAPSE OF CONSCIOUSNESS OR A SEIZURE.

If your license is suspended because you suffered a Seizure or a Lapse of Consciousness or Control, you have to be medically evaluated before you can get your license back. The DMV will want to know about your health history and your current medical condition. The DMV will interview you and ask questions about your seizure and your health history and current medical condition. The DMV will also require that you submit a Driver Medical Evaluation that needs to be filled out by a Doctor. The DMV will then review the Driver Medical Evaluation to determine whether you are safe to drive again.

If you received an Order of Suspension/Revocation because of Lapses of Consciousness or Control or Lack of Skill or Lack of Knowledge:-

We can help you with your DMV Re-Examination and DMV Hearing anywhere in the state of California.

Call (310) 285-1516 for more information and help with your suspended license.

THE DMV DRIVING TEST – You are going to have to pass a Driving Test in a Priority Re-Examination to keep your license – in the driving test you are allowed to make 20 minor errors and still pass but if you make one major error such as a critical driving error or dangerous maneuver you will not pass your driving test. The Driving Test usually lasts 25 minutes. During your driving test, you will typically be required to drive through a commercial area, a residential area, 8 intersections, and possibly on a freeway. You will be required to also back up and park your car. You are not allowed to make a critical driving error during the driving test. If you commit a critical driving error, the DMV examiner will most likely immediately end the driving test. A critical driving error can include hitting a curb, a dangerous movement such as a near collision or a collision, driving too fast or too slowly, not obeying an emergency vehicle, etc. To pass the Driving Test you must not commit any critical driving errors or make more than 20 minor driving errors. You must provide the car for the driving test, and you must show that you have current car insurance for the car before the driving test.

PRACTICE BEFORE YOUR DRIVING TEST – It’s very important that you prepare and practice for your driving test. Before you take the DMV Driving test, we recommend practicing and driving with a trained driving instructor who is familiar with the requirements for you to pass the test. If you failed your driving test we like to help people get another chance to take the driving test. We request a DMV Hearing for you to give you another chance at taking the driving test. We also request a Special Instructional Permit (SIP) – A Special Instructional Permit (SIP) allows you to practice driving with a driving instructor. If your license is suspended a Special Instructional Permit will allow you to practice with a driving instructor before taking another driving test. A Special Instructional Permit (SIP) can be issued for up to 6 months.

THE WRITTEN TEST OF YOUR KNOWLEDGE OF THE RULES OF THE ROAD – you will have to pass a written test in a Priority Re-Examination – it’s a 25-question test that tests your knowledge of traffic laws and driver safety. You are allowed to miss 5 questions and still pass. If you miss 6 questions you will not pass this test. You want to study before you take this test.

For a copy of the Rules of the Road, see https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/ where you can download a 100-page PDF document in the language of your choice. Alternatively, you can purchase a printed copy at DMV Field Offices.

YOU WILL NEED TO HAVE A DOCTOR SUBMIT A MEDICAL EVALUATION FORM – as part of a Priority Re-Examination you must submit a Medical Evaluation within 10 days. You will have to go see a Doctor and have the Doctor fill out a Medical Evaluation Form (DS 326) The Doctor will then have to send the Medical Evaluation form to the DMV  – here’s a link for the Medical Evaluation form https://www.dmv.ca.gov/portal/uploads/2020/06/DS326.pdf. Please download and print this 5-page form, and follow the “INSTRUCTIONS TO THE DRIVER: Please take this form to the medical professional most familiar with your health history and current medical condition. Before giving this form to your medical professional, complete and sign Sections 1-3. PLEASE PRINT LEGIBLY.” The Driver Medical Evaluation form may be delivered in person to the Driver Safety Office, or Faxed or emailed to the Driver Safety Office.

EYE EXAMINATION – If your vision is being questioned you will have to have a Vision Specialist examine your vision and submit a Report of Vision Examination (DS 62) – here’s the link for the Report of Vision Examination – https://www.dmv.ca.gov/portal/file/report-of-vision-examination-dl-62-pdf/

SEIZURES & LAPSES OF CONSCIOUSNESS OR CONTROL – California Law requires Doctors to report people who have lapses of consciousness or seizures to the DMV. The DMV will send a letter to the driver who suffered a lapse of consciousness or seizure requesting a Regular Re-Examination to evaluate their health and ability to safely drive. If you suffered a seizure for your Regular Re-Examination you will have to have a Doctor evaluate you and submit a medical evaluation form to the DMV. Doctors are also required to report people who have dementia to the DMV for a Regular Driver Re-Examination. Also, anyone placed in a Conservatorship will most likely have to undergo a Regular Re-Examination. If you suffer a stroke, suffer from Parkinson’s Disease, sleep disorders, diabetes etc. a Doctor may report you to the DMV for a Regular Re-Examination.

If your license is suspended because of a medical condition or disorder, the DMV will reconsider reinstating your license if you can show that the medical condition or disorder has been controlled and is no longer a potential threat to your ability to drive safely.

A Police Officer may request a Re-Examination if a traffic violation is observed or at the scene of an accident, the police officer determines the driver demonstrates an inability to safely operate a vehicle due to lack of knowledge and/or lack of skill.

California Vehicle Code 21061 allows a police officer to issue a notice of DMV Re-Examination to a driver the officer believes cannot safely drive because of the driver’s mental or physical condition. The officer will issue to the driver a DS 427 which is a notice to the driver that the police officer is requesting the DMV conduct a Re-Examination of the driver and the driver must contact a Driver Safety office for further testing and examination.

It is not necessary for the police officer to issue a citation or make an arrest to issue a DMV Priority Re-Examination. If you were involved in an accident or pulled over by a Police Officer and the officer has concerns about your driving and believes you exhibited an incapacity and you present a clear or potential danger or risk of injury to yourself or others, he will report you to the DMV for an immediate Priority Re-Examination.

The DMV can reexamine a driver when information suggests they do not have the knowledge and/or skill necessary to drive safely. Such Reexaminations are based on information DMV receives from peace officers, physicians, family members, relatives, acquaintances, or other persons that share specific observations about the person’s ability to safely drive.

Information about the age of the individual is not considered relevant, nor will the DMV reexamine a driver solely on the basis of their age. A person’s age is not a sufficient reason for reexamination.

VC 21061 allows a police officer to report any driver to the DMV for a reexamination if the officer believes the driver not capable of driving a car safely.

VC 21061 states:-

(a) In addition to any action prescribed in Division 17 (commencing with Section 40000.1), a traffic officer may issue a notice of reexamination to any person who violates any provision of this division and who, at the time of the violation, exhibits evidence of incapacity to the traffic officer which leads the traffic officer to reasonably believe that the person is incapable of operating a motor vehicle in a manner so as not to present a clear or potential danger of risk of injury to that person or others if that person is permitted to resume operation of a motor vehicle.

(b) For purposes of this section, “evidence of incapacity” means evidence, other than violations of this division, of serious physical injury or illness or mental impairment or disorientation which is apparent to the traffic officer and which presents a clear or potential danger or risk of injury to the person or others if that person is permitted to resume operation of a motor vehicle.

After your re-examination the DMV may take action against your license. They may decide to:-

• Place restrictions on your license.
• They may place you on DMV Probation.
• or the DMV may suspend or revoke your license.

The DMV will send you a letter informing you what they intend to do to your license after the Re-Examination. If the DMV sends you a order of suspension/revocation because of a lack of knowledge, lack of skill or because of a condition characterized by lapses of consciousness or control and suspends your license, please call us immediately at (310) 285-1516 so we can request a DMV hearing for you to help you get your license back so you can drive again.