Washington
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.
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| Law | Washington |
|---|---|
| DMV Appeal of License Denial | Yes |
| Doctors to Report Epilepsy | No |
| Periodic Medical Updates Required After Licensing | At discretion of Medical Advisory Board |
| Seizure-Free Period | 6 months with exceptions |
Washington Driver Licensing Laws
The Washington license application asks whether the applicant has a physical condition that could impair driving ability. It is against the law to make a false statement on the application. WASH. REV. CODE § 46.20.091 (2020). The state also allows physicians and civilians to voluntarily report drivers who pose a danger to safety. If the department has reason to believe a person is suffering from a physical or mental condition that affects their driving ability, the department must evaluate the individual. The department may permit the applicant to demonstrate notwithstanding the disability, the person is able to safely operate a motor vehicle. The department may also require a physician statement certifying the person’s condition. The department may request that an applicant submit to an examination. WASH. REV. CODE. §§§ 46.20.041, 46.20.130, 46.20.305 (2020).
A person whose driving privilege is canceled or restricted for medical reasons may appeal that action to the Department of Licensing, which will inform the driver of an opportunity for a driver improvement interview. WASH. REV. CODE §§§ 46.20.041, 46.20.305, 46.20.322 (2020). Written notice of the appeal must be given. If the person is dissatisfied with the decision resulting from the driver improvement interview, the individual has ten days from the date of notice to make a written request for a formal hearing. WASH. REV. CODE § 46.20.328 (2020). Upon request, the department must schedule a formal hearing before a departmental hearing officer as soon as possible. WASH. REV. CODE § 46.20.329 (2020).
If the individual is dissatisfied with the outcome of the hearing, they may appeal within thirty days to the superior court in the county of their residence. WASH. REV. CODE § 46.20.334 (2020). Physicians are not granted statutory immunity from liability for the information they provide the DMV or from liability for damages arising out of an accident caused by a seizure.
Commercial Driving
Washington has adopted the federal DOT's medical standards for intrastate commercial driver's licensing. WASH. REV. CODE § 46.25.055 (2020).
Washington Identification Card
One may obtain an identification card at any Driver Licensing office. The individual must provide positive identification. The standard ID is $54, and they are valid for six years.
Washington Reporting
Physicians are not required to report patients who have been treated for or diagnosed as having epilepsy to a central state agency. However, doctors may voluntarily report patients. The highest court in the state of Washington has held that doctors are immune from liability for making such reports. See: Tumelson v. Todhunter et al.,105 Wn.2d 596 (Wash. 1986).
© 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.