DMV guidelines describe different situations in which the following actions should be taken after evaluating a driver with an LOC disorder:

• No action
• Medical Probation Type II
• Medical Probation Type III
• Suspension
• Revocation

There are two medical probations that are appropriate for drivers with LOC disorders, Medical Probation Type II and Type III.

Placing a person on medical probation allows drivers with controlled epilepsy and other disorders characterized by a lapse of consciousness to continue driving. A medical probation is only to be used when a driver has not lost consciousness due to their disorder for at least 3 months.

Medical Probation Type II is for drivers who have achieved three to five months of control. The driver is required to authorize their treating physician to complete the Driver Medical Evaluation (DS 326) form and submit it to DMV on a prescribed basis.

The decision to place a driver on Medical probation Type II should be based on a combination of considerations. The main factors include but are not limited to:

• Seizure type
• Seizure manifestations
• Seizure, medical and lifestyle history
• The seizure-free period prior to the last episode

Medical Probation Type III is for drivers who have achieved 6 or more months of control, but due to contributing factors there is a slight possibility of another seizure. Medical probation Type III requires the driver to report, in writing, on a regular basis to DMV on the status of their disorder. The Medical Probation Reporting (DS 346) form is used by drivers on Type III probation, and the driver must sign the form under penalty of perjury under the laws of the State of California that the information provided is true and correct.  The decision to place a driver on Medical probation Type III should be based on the driver’s medical history and established reliability. The main medical factors to consider include, but are not limited to:

• Seizure type
• Seizure manifestations
• Seizure, medical and lifestyle history
• The seizure-free period prior to the last episode

Medical Probation Type III should be considered self-monitoring and should not be imposed if the driver has exhibited past evidence of:

• Non-compliance
• Withholding information from a physician or DMV
• Inconsistent statements

No probation is needed for drivers who have achieved 6 or more months of control and there are no coexisting medication conditions that would aggravate the driver’s seizures or impair the driver’s ability to safely operate a motor vehicle.

DMV has the authority under California Vehicle Code (CVC) §14251 to terminate or modify the conditions of probation whenever good cause exists. If it appears that a driver’s lapse of consciousness disorder has become unstable or it is suspected that the information reported is fraudulent, the driver will be requested to have their physician complete a Driver Medical Evaluation (DS 326). If necessary, a reexamination will be scheduled or an immediate suspension of the driving privilege imposed.

How does DMV evaluate drivers with LOC disorders? Review the Lapse of Consciousness Consolidation Table to see the factors DMV considers during an evaluation.

The table describes ranges of severity, contributing factors, and information on functional driving impairments. The table also provides a range of actions for various LOC disorders.

Immediate action will be taken against the driving privilege if evidence indicates that the condition renders the person unsafe to drive. The driver may request a hearing after receiving a notice of suspension or revocation.