August 2005 Letters
Dear Dolly,
I am 15 years old and am planning to take driver's education at school. I have seizures from epilepsy, and my teacher told me that I might have a problem getting a driver's license. My seizures are pretty much controlled by medication, and I want to be able to drive a car! What are the rules in Illinois about driving and having epilepsy? Please tell me what I need to know.
- Stuart
Dear Stuart,
I know how exciting it is to get your driver's license! Every state has its own law about whether people who have epilepsy have the legal right to drive. Laws stipulate when and how a driving license can be acquired, and these rules can vary for drivers who have epilepsy.
Illinois is considered a "lenient" state because it does not require any set time period for a person to be seizure-free before qualifying for a license. In Illinois, the Department of Motor Vehicles (DMV) is under the direction of the office of the secretary of state. When you visit the DMV to apply for a driver's license, you are required to answer questions about your medical history. If you indicate on your application that you have epilepsy, you must submit a statement from your physician that certifies that you can safely operate an automobile. If your medical condition ever changes, the physician must report this information to the secretary of state's office.
After the DMV receives your driver's license application, it is reviewed by the Medical Advisory Board. Here are some important things you should know if your driver's license application is denied or your license is suspended. The DMV has the right to cancel your driver's license if you do not indicate on the application that you have epilepsy, if you do not submit the required medical report, or if you submit an unfavorable medical report. If the Medical Advisory Board denies your application to drive or if your license has been suspended for medical reasons, you have the right to appeal that decision. You can request a hearing to have your case reviewed by a Medical Advisory Board physician. If you receive an unfavorable decision from the physician, you can go further by requesting to have the case reviewed by a three-member panel of board physicians. Finally, if you are still denied a license, you may appeal the case to the circuit court. The Medical Advisory Board also has the right to request that you submit periodic medical updates once you get your license for the first time or if it has been reinstated.
Stuart, though the DMV has the right to ask you questions about your medical history, the Americans with Disabilities Act of 1990 (ADA) restricts what questions an individual with a disability may be asked in other situations. For example, an employer cannot ask about an applicant's disability before a job offer is made. I recommend that you read "A Guide to Disability Rights Laws" (U.S. Department of Justice, August 2004), which is available online. I encourage you to read more about the ADA so that you understand your disability rights in general. Good luck, Stuart!
