State Driving Laws Database

Driver Information By State

Every state regulates 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 specific 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.

Select the state you want to find information about, or if you are moving and would like to compare two states' driving laws side by side? Choose the two states below to compare.

LawTexas
DMV Appeal of License DenialYes
Doctors to Report EpilepsyNo
Periodic Medical Updates Required After Licensing At discretion of Medical Advisory Board
Seizure-Free Period3 months, with exceptions

Texas Driver Licensing Laws

According to guidance issued by the Texas Medical Advisory Board, those with ongoing or uncontrolled seizures are prohibited from driving; for a “P” restriction for a class C license, applicants must be seizure free for three months; and for a class A or B license, the applicant must be seizure free for five years while off anti-seizure medication. TEX. TRANSP. CODE ANN. § 521.221(d)(1)(A) (2020). The Medical Advisory Board reviews the medical information submitted by the applicant. TEX. HEALTH & SAFETY CODE ANN. § 12.096 (2020). A person whose driver's license is suspended or revoked may request a hearing within fifteen days of the decision. TEX. TRANSP. CODE ANN. § 521.298 (2020). Please allow up to 120 days for the hearing to be scheduled. Requests made after the required fifteen days will be denied.

If the suspension or revocation is upheld by the presiding officer, then the person may appeal the decision within thirty days in the county court wherein that person resides. TEX. TRANSP. CODE ANN. § 521.308(b) (2020). The records of individuals whose license is suspended or revoked for medical reasons is not distinguished from those persons who lose their license due to driving violations.

Commercial Driving

Texas has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles interstate. Persons with epilepsy may not obtain a waiver. TEX. TRANSP. CODE ANN. § 522.081 (2020).

Texas Identification Card

Any person may obtain a personal identification card through the Department of Public Safety for a $16.00 fee. The fee is $6.00 for people over 60 years old.

Texas Reporting

There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency. A member of the medical advisory board or doctors who make recommendations to the board may not be held liable for their opinions and recommendations. TEX. HEALTH & SAFETY CODE ANN. § 12.098 (2020).

 

© 2020 Epilepsy Foundation. All rights reserved. This summary was developed for informational purposes by the Epilepsy Foundation and reflects a review of data available as of August 2020. Information is subject to change. This summary is not a substitute for legal advice. For further information, please consult your state Department of Motor Vehicles.

Our Mission

The mission of the Epilepsy Foundation is to lead the fight to overcome the challenges of living with epilepsy and to accelerate therapies to stop seizures, find cures, and save lives.

 
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