Medical License Revocations
There are numerous reasons for a person to have his/her license suspended, disqualified, or revoked, including bad driving, driving without insurance or a valid license, alcohol related convictions, or for other criminal convictions. Medical revocations occur when the Texas Department of Public Safety (DPS) is notified that a person potentially has a condition which prevents them from operating a motor vehicle safely. Once the referral is made, the person is instructed to be evaluated by a doctor approved by the Texas Medical Advisory Board (MAB). After an evaluation is complete, the MAB makes a recommendation to DPS to have the person’s license revoked or allow them to continue driving.
The most common ways that a person is referred to the MAB are (1) by the driver; (2) by a DPS license examining office; (3) due to multiple convictions for drug or alcohol crimes; (4) by law enforcement who has contact with the driver; (5) by a physician; or (6) by a concerned citizen.
Once a person has his/her license revoked, there are several ways to have the license reinstated. First, if the person’s license has been revoked and labeled “INCAPABLE,” then the person must have a medical exam to be cleared first. Second, if the license was revoked and labeled “NO REPLY,” then the person must submit to and pass a medical exam before the license will be reinstated. Finally, if the license was revoked and labeled “TEST REQUIRED,” the person must pass a driving test as a requisite. All reinstatement require payment of a reinstatement fee.
In some situations, a hearing may be requested to contest a potential suspension. The issue at the hearing will be whether the revocation is justified. The person can present his/her own evidence contradicting DPS’s allegations. The hearing request must be made timely and will be conducted in a municipal court or justice of the peace court with appropriate jurisdiction.
Unfortunately, due to public safety concerns, an occupational license may not be issued to person’s who have had their license revoked due to medical conditions. A revocation is separate and distinct from a suspension in that there is no compliance that will remedy the revocation and the revocation is indefinite unless cause exists to reinstate the license.
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