Driver's Licensing Overview

Every state regulates the driver's license eligibility of persons with certain medical conditions. The most common requirement for people with epilepsy is that they be seizure free for a specified period of time and submit a physician's evaluation of their ability to drive safely. Another common requirement is the periodic submission of medical reports, in some states for a specified period of time and in others for as long as the person remains licensed.

During the past decade there has been a significant trend away from an across-the-board seizure-free period, and to a reduced period when one is required. While a number of states still require a one year seizure-free period, most of these will allow exceptions under which a license may be issued after a shorter period. Examples of possible appropriate exceptions include the following: a breakthrough seizure due to physician-directed medication change, an isolated seizure where the medical examination indicates that another episode appears unlikely, a seizure related to a temporary illness, a seizure due to an isolated incident of not taking medication, an established pattern of only nocturnal seizures, an established pattern of only seizures which do not impair driving ability, or an established pattern of an extended warning aura.

One feature which makes licensing easier for people who do not meet the state's main requirement is the availability of restricted licenses. Some states issue such licenses with restrictions such as daytime driving only, driving to and from work or within a certain distance from home, or driving only in an emergency. Once the state's regular licensing requirement is met, the restrictions are removed.

In most states medical information submitted by the applicant is reviewed by personnel within the motor vehicles department (or the state's equivalent department). Difficult cases are often referred to a consulting physician or the state Medical Advisory Board (MAB). Most states have such Boards which also handle appeals of decisions to deny or revoke licenses. Such decisions may be appealed, within a specified time period, by requesting an administrative hearing before the MAB or other designated body. When license revocation is involved, unless an imminent danger exists if the persons keeps driving, the action will usually be suspended pending the hearing decision. Every state allows for judicial review of the administrative decision. Requests for such review must be made within a designated time period.