Does Arkansas's driver-license suspension law apply to non-epileptic seizure patients and to one-time DBS-surgery-caused seizures?
Plain-English summary
Representative McCullough's constituent had a seizure during the past year and was advised by his physicians not to drive because of A.C.A. § 27-16-909. That statute lets the Office of Driver Services (ODS, in the Department of Finance and Administration) suspend or revoke a license if it finds the driver "incompetent or otherwise not qualified." The constituent's seizure was non-epileptic and was caused by Deep Brain Stimulation surgery. McCullough asked two questions about whether the statute and its implementing rules apply.
Both answers are yes. A.C.A. § 27-16-909(a)(1) applies to all licensed drivers. The statute does not carve out non-epileptic seizures or seizures with specific causes. ODS can evaluate any driver on referral, and the implementing rules cover seizures broadly.
The implementing rules. Under DFA's Driver Services rules, ODS can evaluate a driver if either:
1. The driver accumulates a certain number of points for moving traffic convictions (reckless driving, DWI, at-fault accidents).
2. A law enforcement officer, medical professional, or relative submits a Medical Evaluation Request stating the driver can no longer safely operate a vehicle.
The Medical Evaluation Request lists "seizure, convulsions, or epilepsy" as evaluable conditions. The rules also list epilepsy specifically as a disease "that hinders or prevents the safe operation of a motor vehicle." A license suspended for epileptic seizures can be restored on a doctor's statement that the driver has been seizure-free for a year or more.
Question 1 (non-epileptic seizure patient). Yes, the statute applies. The Medical Evaluation Request lists "seizure" separately from "epilepsy," so ODS contemplated evaluating drivers with non-epileptic seizures. Whether one non-epileptic seizure alone is enough to find someone incompetent to drive is a fact-specific question. ODS would need a medical evaluation to make that determination.
Question 2 (single seizure caused by DBS surgery). Yes, the statute still applies. The cause of the seizure does not change the statute's application. The AG cannot answer the deeper question of whether ODS would actually suspend the license; that requires a medical evaluation.
Practical implication. If a doctor or family member submits a Medical Evaluation Request to ODS about a driver who has had a seizure (any kind), ODS may begin a competence evaluation. The driver's license is not automatically suspended; ODS makes a determination based on the evaluation. The driver has procedural rights in that determination process under DFA rules and the Arkansas Administrative Procedures Act.
The deeper takeaway: the statute is broad and the implementing rules give ODS substantial discretion. Whether your specific seizure history triggers actual license suspension depends on the medical evaluation, not on the type or cause of the seizure as such.
What this means for you
People who have had a seizure in Arkansas
If you have had a seizure (epileptic or non-epileptic, single or recurring), and a doctor, law enforcement officer, or relative reports it to ODS, you may face a competence evaluation. The evaluation is the path, not automatic suspension. Be prepared to:
- Provide medical records about the seizure (cause, treatment, prognosis).
- Get a current statement from your treating physician about driving safety.
- Engage with the ODS evaluation process actively.
If your license is suspended, you have appeal options under DFA rules. Talk to a lawyer about your specific situation.
If you are seizure-free for a year or more, you can apply for license restoration with a doctor's statement (this is the rule for epileptic-seizure suspensions; similar logic likely applies to other seizure-related suspensions).
Physicians and other treating clinicians
Whether to report a patient's seizure to ODS is a clinical judgment. The Medical Evaluation Request is the formal channel. Submitting it triggers an ODS review.
If you advise a patient not to drive (a common recommendation after a seizure), document that advice in writing. The patient may use the advice in their own decision-making about reporting.
Be aware that submitting a Medical Evaluation Request can affect the patient-clinician relationship. Some physicians prefer to advise the patient to refrain from driving voluntarily (or to formally surrender the license) rather than triggering a state evaluation. Discuss with the patient.
Family members of seizure patients
If a relative has had a seizure and you are concerned about their driving safety, you can submit a Medical Evaluation Request to ODS. This is sometimes the right choice when the patient is unwilling to surrender the license voluntarily but presents a real safety risk.
The submission is not a final determination. ODS evaluates and decides. The relative will know who reported them in many cases (the form may include reporter information).
Office of Driver Services
The opinion confirms your authority is broad. § 27-16-909(a)(1) covers all licensed drivers, and seizure-related medical-evaluation requests are within scope regardless of seizure type or cause. Apply your standard evaluation procedures fairly and consistently.
Disability rights attorneys
If a client's license is suspended under § 27-16-909 based on a single seizure or non-epileptic seizure, your strategy might focus on:
- Whether the medical evaluation properly considered the specific cause and likelihood of recurrence.
- Whether the suspension is consistent with ADA and Rehabilitation Act considerations.
- Whether the evaluation followed required procedures.
- Whether the suspension's duration is reasonable.
The AG's analysis (under Howard) defers to DFA rules unless they are arbitrary, capricious, an abuse of discretion, or outside statutory bounds. Challenges have to fit one of those frames.
Law enforcement officers responding to medical events on the road
If you respond to a vehicle incident where the driver is reported to have had a seizure, document carefully and consider whether to submit a Medical Evaluation Request. Departmental policy may guide this decision.
Common questions
My doctor told me I can't drive because of a seizure. Can my license be suspended without my doctor reporting?
Yes, indirectly. Anyone (law enforcement, medical professional, relative) can submit a Medical Evaluation Request. Your own doctor's advice not to drive does not by itself suspend your license, but if you continue to drive and have an accident, the seizure history may become known and trigger ODS review.
How long after a seizure am I unable to drive?
The medical recommendation varies by state and individual case. The Arkansas DFA rules allow license restoration after a year of being seizure-free (for epileptic suspensions). Practical and medical advice may differ; consult your physician.
My seizure was caused by surgery and won't recur. Does that matter?
The cause matters for ODS evaluation but does not exempt you from the statute. ODS would consider medical evidence of recurrence likelihood. A one-time, surgically-induced seizure with no expected recurrence is a different risk profile than recurring epileptic seizures, and ODS evaluation would likely reflect that.
Can ODS suspend my license without notice?
No. ODS's determination process requires notice and an opportunity to be heard under DFA rules and the Administrative Procedures Act. Engage with the process.
Can I appeal an ODS suspension?
Yes. The DFA rules provide an appeal process. After exhausting administrative options, judicial review is available.
What if I'm a commercial driver?
Commercial drivers face additional medical-fitness standards under federal law (DOT regulations) on top of state law. A seizure history can affect commercial driving privileges more strictly. Consult your employer's safety officer and a transportation lawyer.
Background and statutory framework
A.C.A. § 27-16-909 authorizes ODS to suspend or revoke a license if the driver is "incompetent or otherwise not qualified to be licensed." The DFA promulgates implementing rules under § 27-16-909(e). The current rule is Driver Services Regulation 1993-9.
The Medical Evaluation Request is the formal channel for medical-fitness referrals. It can be submitted by a law enforcement officer, medical professional, or relative.
Epilepsy is listed as an evaluable disease in the rules. The Medical Evaluation Request lists "seizure, convulsions, or epilepsy" as evaluable conditions.
License restoration after epileptic-seizure suspension requires a doctor's statement that the driver has been seizure-free for a year or more. Similar logic likely applies to non-epileptic-seizure suspensions, though the specific procedure may differ.
Judicial review of DFA rules applies the standard of Department of Human Services v. Howard, 367 Ark. 55, 238 S.W.3d 1 (2006): courts assume rules are valid unless arbitrary, capricious, an abuse of discretion, or outside the bounds of the authorizing statute.
Citations
- A.C.A. § 27-16-909 (driver's license suspension/revocation)
- A.C.A. § 27-16-909(a)(1) (applies to all licensed drivers)
- A.C.A. § 27-16-909(e) (rulemaking authority)
- DFA Driver Services Regulation 1993-9 (implementing rules)
- Department of Human Services v. Howard, 367 Ark. 55, 238 S.W.3d 1 (2006) (rule review standard)
Source
Original opinion text
Opinion No. 2023-039
June 20, 2023
The Honorable Tippi McCullough
State Representative
Post Office Box 250256
Little Rock, Arkansas 72225
Dear Representative McCullough:
You requested my opinion regarding a constituent who had a seizure during the last year and has been advised by his physicians not to drive because of A.C.A. § 27-16-909. Based on this background information, you have asked two questions.
Question 1: Does A.C.A. § 27-16-909 apply to a non-epileptic seizure patient with a valid driver's license?
Question 2: Would A.C.A. § 27-16-909 still apply if the person had had only one seizure, which was caused by Deep Brain Stimulation surgery, as opposed to a seizure with an unknown cause?
RESPONSE
The answer to both of your questions is "yes."
DISCUSSION
Under A.C.A. § 27-16-909, the Office of Driver Services (ODS) can suspend or revoke a driver's license if the ODS determines that the driver is "incompetent or otherwise not qualified to be licensed." The process for making that determination and the grounds on which the determination can be made are governed by A.C.A. § 27-16-909 and rules implemented by the Department of Finance and Administration (DFA) for the ODS to follow.
Under those rules, the ODS can evaluate a driver's ability if (1) the licensed driver accumulates a certain number of points for moving traffic convictions or (2) a law enforcement officer, medical professional, or relative sends ODS a Medical Evaluation Request stating that the driver can no longer safely operate a motor vehicle. The Medical Evaluation Request can indicate that the driver has "seizure, convulsions, or epilepsy." The rules also list epilepsy as a disease "that hinders or prevents the safe operation of a motor vehicle," but a license that has been suspended because of epileptic seizures can be restored by submitting a doctor's statement that the driver has been free from seizures for a year or more.
In reviewing the foregoing rules, courts will assume the rules are valid unless they are arbitrary, capricious, an abuse of discretion, or outside the bounds of A.C.A. § 27-16-909. Here, the statute sets out the legal process for the ODS to determine if a licensed driver is "incompetent or otherwise not qualified to be licensed," and the DFA rules provide specific driving habits and medical conditions that can trigger the ODS to begin that legal process. Because the DFA rules are directly related to A.C.A. § 27-16-909, I cannot say the rules are arbitrary, capricious, an abuse of discretion, or outside the bounds of the statute. Therefore, a court would likely use the rules to answer your questions.
Question 1: Does A.C.A. § 27-16-909 apply to a non-epileptic seizure patient with a valid driver's license?
Yes; A.C.A. § 27-16-909 applies to all licensed drivers. Further, the Medical Evaluation Request lists seizure separately from epilepsy, so ODS envisioned the possibility of a law enforcement officer, medical professional, or relative being concerned about a licensed driver's ability to drive after one non-epileptic seizure. Even though someone might be concerned enough to submit a request form, it is impossible to know if one non-epileptic seizure, standing alone, would be enough for ODS to find a person incompetent to drive.
Question 2: Would A.C.A. § 27-16-909 still apply if the person had had only one seizure, which was caused by Deep Brain Stimulation surgery, as opposed to a seizure with an unknown cause?
Yes; as noted above, this statute applies to all licensed drivers. I do not have enough information to answer the remainder of your question. If this person is referred to ODS for an evaluation of driving ability, ODS would likely need a medical evaluation to decide whether the person is competent to drive.
Assistant Attorney General Jodie Keener prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General