Michigan
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.
| Law | Michigan |
|---|---|
| DMV Appeal of License Denial | Yes |
| Doctors to Report Epilepsy | No |
| Periodic Medical Updates Required After Licensing | At discretion of DMV |
| Seizure-Free Period | 6 months with exceptions |
Michigan Driver Licensing Laws
To be eligible for a driver’s license, a person with epilepsy must submit a statement of physical history that includes: either (a) certification that the individual’s condition is under control by treatment and that symptoms which would affect safe operation have been controlled for at least six months or (b) certification that the individual has not had a seizure in the last six months. MICH. ADMIN. CODE r. 257.854 (2020).
The six month period may be reduced or eliminated based upon a departmental review of specific recommendations from a qualified physician or any other information which the department receives, including evidence that the episode resulted from medical intervention or medically supervised experimentation with prescribed medication. MICH. ADMIN. CODE r. 257.854(4) (2020). The Department may issue a restricted license to individuals with disabilities on a case-by-case basis. MICH. ADMIN. CODE r. 257.854(4), 257.855 (2020). In all instances, the medical information submitted is reviewed by personnel within the Department. Upon request, one or more health consultants will complete a requested review within thirty days regarding a licensee’s physical ability to safely operate a motor vehicle. MICH. ADMIN. CODE r. 257.852 (2020).
When the Department of State decides to deny or cancel a person’s license, the person may appeal the decision to the circuit court of the person’s residence. An appeal can also be made to the circuit court within 63 days of the decision, if good cause is shown then the person may file within 182 days. MICH. COMP. LAWS 257.323(a) (2020). Physicians are not granted statutory immunity for the information they provide the Department. However, the Department’s medical form includes the applicant’s or licensee’s release or waiver authorizing the use of information by the Department for the sole purpose of assisting in evaluating the person’s ability to operate a motor vehicle.
Commercial Driving
Michigan will license an individual with epilepsy to drive commercial vehicles, including trucks, buses, or taxis, intrastate if they have been seizure-free for one year. As with personal licenses, the Department may reduce or eliminate the 12-month period based upon a departmental review of the specific recommendation of a qualified physician or other information. MICH. ADMIN. CODE r. 257.854 (2020). Drivers diagnosed with epilepsy are denied eligibility for driving a school bus in Michigan in accordance with the Department of Education physical guidelines.
Michigan Identification Card
A person whose driver’s license is suspended for medical reasons may obtain an identification card from the Michigan Department of State. MICH. COMP. LAWS § 28.291 (2020). Per Michigan’s Secretary of State website, the fee is $10 for a standard state ID, the first ID is free for those 65+ or blind.
Michigan Reporting
Physicians acting in good faith when reporting patients who have been treated for or diagnosed with epilepsy shall be immune from civil or criminal liability. MICH. COMP. LAWS § 333.16244 (2020). Persons found to have furnished inaccurate information to the Department during application for a license are subject to a civil infraction, fines, costs, immediate cancellation of the license, and suspension of driving privileges for 90 days to one year. MICH. COMP. LAWS §§ 257.324(1)(c), 257.319(5)(a)(b) (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.