What is a ‘Form DS 326’ and What Should I Do if the California DMV Asks Me to Submit One?

The California Department of Motor Vehicles has very wide-ranging powers in that it can suspend or revoke a driver’s driving privileges for a lot of different reasons. One of the more common reasons is alleged concern about your health and whether you’re medically able to drive safely. If that issue arises, the DMV may contact you and ask you to complete a “Form DS 326,” also known as a Driver Medical Evaluation form, or DME. Your temptation might be to think that you can handle this type of issue on your own. Don’t make that mistake. Your ability to continue driving legally could hinge on any one of the responses contained on that form, and even a small mistake may cost you your license. Before you do anything else, reach out to an experienced San Francisco DMV defense attorney about your situation.

The DMV website states that it only requests a Form DS 326 “when medical information is needed to evaluate a driver’s medical condition in relationship to safe driving.” That all probably sounds fairly harmless on the surface. But think about this: the DMV licenses more than 26 million drivers. Certainly, a DMV with 26 million licensees won’t just go around just asking for doctors’ notes from random drivers. In actuality, the DMV only requests submission of this form from drivers that it suspects may not be safe to drive, either because of a physical disability or a mental problem. If they’re requesting the form from you, they are probably giving serious consideration to suspending your license.

The DS 326 is five-page-long form with 13 sections. The form instructs you, the driver, to complete the first three sections and for the medical provider whom you select to complete Sections 4-13. In your part, the DMV asks you to offer up a short history of your health, and to swear that you’ve told the truth in your answers. The remainder of the form is medical information provided by the doctor you select.

It is important to understand just how important this form is. If completed properly, your DME may be an essential piece of your defense and arguments in favor of keeping your license. If not, it may come to represent a key component the DMV cites in suspending your license. It is also impossible to overstate how important it is to avoid simply ignoring the DMV if they ask you submit a DME. Your goal is to avoid losing your driving privileges, which is exactly what will happen if you ignore the DMV’s request (whether or not you actually had a medical problem that rendered you unsafe to drive).

However, if you take action and don’t ignore the DMV, you have better odds of a positive result. With skilled legal counsel guiding you through the entire process, you may be able to avoid a license suspension. Your legal counsel can help you in completing your portion of the form and in ensuring that the doctor’s portion is not only accurate, but also stated in a way most favorable to you.

For the answers and the legal assistance you need, reach out to the skilled San Francisco DMV defense professionals at Uthman Law Office. Attorney David Uthman has over 20 years of experience as a litigation attorney and almost a decade of experience as a police officer. At the Uthman Law Office, we know the law and we know the process. We have the know-how to get results for you. Call us today at (415) 556-9200 to schedule your FREE initial consultation.