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Tue, 5/22/2012

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Driving and the Law

If you have seizures that alter your awareness, consciousness, or muscle control, you may not have the legal right to drive. Each state has its own restrictions. Below are each state's driving laws as it pertains to epilepsy. Please note that this information may be subject to change. If you have further questions please check with your local Department of Motor Vehicle.

General rules

The laws in all 50 states restrict driver's licenses for persons with active seizures that are not controlled by medication and establish rules regarding when and how a license may be acquired. The usual requirements necessitate that a person be seizure-free for a specified period of time, commonly six months, but increasingly three months or more, and have a physician's statement confirming that the individual's seizures are controlled and that if the person is licensed to drive, he or she will not present an unreasonable risk to public safety.

The laws of the state you live in, not your doctor, decide whether or not you have the right to drive. Your doctor should be able to tell you what the current laws are and whether you meet the criteria for driving.

Before getting a license, you may have to provide proof from your doctor that you are receiving treatment and that the treatment has brought your seizures under control. (Remember, too, that some drugs used to control epilepsy may make you drowsy. If you have just started a new drug, avoid driving until you know how the drug will affect you.)

In general, the risk of having a seizure-related traffic accident is greatly reduced in people who have been seizure-free for 12 months. Driving may be safe for some people with epilepsy after a shorter seizure-free period, depending on individual circumstances. People who always have an aura before a seizure begins are also at reduced risk; the aura acts as a warning, which may give a driver time to pull over before the seizure begins. Not taking antiepileptic medication as prescribed (missing a dose, for instance) increases the risk of having an accident, so it is especially important for people with epilepsy who choose to drive to take their medication correctly and on the proper schedule.

Which states require physician reporting?

Six states (California, Delaware, Nevada, New Jersey, Oregon and Pennsylvania) still require physicians to report patients who have seizures to the state, usually to the department of motor vehicles. While these statutes arguably do little to protect the public interest, they have been used to bring civil litigation against physicians who have not reported their patients to the department of motor vehicles, even in cases where patients are compliant and on medication.

Disclaimer: This information is for reference purposes only, please consult your state Department of Motor Vehicles for more information about the laws in your state.

Driving laws by state
A | C | D | F | G | H | I | K | L | M | N | O | P | R | S | T | U | V | W

Alabama
DMV website: http://www.dps.state.al.us/

Alaska
DMV website: http://www.state.ak.us/

Arizona
DMV website: http://www.dot.state.az.us

Arkansas
DMV website: http://www.arkansas.gov/

California
DMV website: http://www.dmv.ca.gov/

Colorado
DMV website: http://www.mv.state.co.us/

Connecticut
DMV website: http://www.ct.gov/

Delaware
DMV website: http://www.dmv.de.gov/

District of Columbia
DMV website: http://dmv.washingtondc.gov/

Florida
DMV website: http://www.hsmv.state.fl.us/

Georgia
DMV website: http://www.dds.ga.gov/

Hawaii
DMV website: http://www.state.hi.us/

Idaho
DMV website: http://www.itd.idaho.gov/

Illinois
DMV website: http://www.sos.state.il.us/

Indiana
DMV website: http://www.in.gov/

Iowa
DMV website: http://www.iamvd.com/

Kansas
DMV website: http://www.ksrevenue.org/

Kentucky
DMV website: http://transportation.ky.gov/

Louisiana
DMV website: http://omv.dps.state.la.us/

Maine
DMV website: http://www.state.me.us/

Maryland
DMV website: http://www.mva.state.md.us/

Massachusetts
DMV website: http://www.mass.gov/

Michigan
DMV website: http://www.michigan.gov/

Minnesota
DMV website: http://www.dps.state.mn.us/

Mississippi
DMV website: http://www.dps.state.ms.us/

Missouri
DMV website: http://www.dor.mo.gov/mvdl/

Montana
DMV website: http://www.doj.state.mt.us/

Nebraska
DMV website: http://www.dmv.state.ne.us/

Nevada
DMV website: http://www.dmvnv.com/

New Hampshire
DMV website: http://nh.gov/

New Jersey
DMV website: http://www.state.nj.us/

New Mexico
DMV website: http://www.state.nm.us/

New York
DMV website: http://www.nydmv.state.ny.us/

North Carolina
DMV website: http://www.ncdot.org/

North Dakota
DMV website: http://www.state.nd.us/

Ohio
DMV website: http://dmv.ohio.gov/

Oklahoma
DMV website: http://www.dps.state.ok.us/

Oregon
DMV website: http://www.oregon.gov/ODOT/DMV

Pennsylvania
DMV website: http://www.dmv.state.pa.us/

Rhode Island
DMV website: http://www.dmv.state.ri.us/

South Carolina
DMV website: http://www.scdmvonline.com/

South Dakota
DMV website: http://www.state.sd.us/drr2/motorvehicle/

Tennessee
DMV website: http://www.tennessee.gov/

Texas
DMV website: http://www.txdps.state.tx.us

Utah
DMV website: http://driverlicense.utah.gov/

Vermont
DMV website: http://www.aot.state.vt.us/

Virginia
DMV website: http://www.dmv.state.va.us/

Washington
DMV website: http://www.dol.wa.gov/

West Virginia
DMV website: http://www.wvdot.com/

Wisconsin
DMV website: http://www.dot.state.wi.us/

Wyoming
DMV website: http://www.dot.state.wy.us/

Topic Editor: Steven C. Schachter, M.D.
Last Reviewed:8/18/04


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