Preserving Driving Privileges: The Role of the Texas Medical Advisory Board in Age-Related Driving Safety

Last Updated on October 27, 2025 by Beltz Law Group

Retaining Your Driving Privileges: Legal Assistance is Available

Medical Revocation of Driver License Attorney

The determination by the Medical Advisory Board can lead to the Texas Department of Public Safety (DPS) moving to revoke a person’s driver’s license. If you or a loved one receives notice of a proposed revocation based on an MAB recommendation, you have the right to object and challenge that finding. Navigating the administrative appeal process, which may include formal hearings and presenting counter-evidence to the MAB’s findings, is complex. Beltz Law Group is an experienced law firm dedicated to assisting clients throughout Texas in protecting their driving rights. We can help you understand the specific reasons for the revocation, organize your medical defense, and forcefully advocate for your continued driving privileges. Do not face this complex legal challenge alone; contact Beltz Law Group today at 214-321-4105 to schedule a consultation.

Preserving Driving Privileges: The Role of the Texas Medical Advisory Board in Age-Related Driving Safety

The ability to drive is crucial for the quality of life and independence of many Texans, particularly as they age. However, the Texas Department of Public Safety (DPS) has a responsibility to ensure all licensed drivers can operate a vehicle safely. When a driver’s physical or mental capacity to drive is questioned, the Texas Medical Advisory Board (MAB) plays a critical role in determining their fitness to remain behind the wheel.

The Texas Medical Advisory Board’s Function

Texas Medical Driver License Revocations

The MAB is a board of medical professionals that provides medical guidance and recommendations to the DPS regarding a person’s physical, mental, and emotional ability to safely operate a motor vehicle. It doesn’t directly revoke licenses but advises the DPS, which then makes the final licensing decision.

The MAB’s determination relies on a system of Functional Ability Profiles designed to assess the risk posed by various impairments. These profiles cover numerous categories and subcategories, using a standardized format to classify the severity of a condition and its impact on driving safety.

Functional Ability Profiles

The MAB’s profiles use a structured approach to classify a driver’s condition, which includes:

No Diagnosed Condition: Used when a reported issue is unfounded or non-existent.
Condition. Fully Recovered/Compensated: Used for a condition history that is resolved or does not require further review. Guidance for this section is given in each specific profile.
Active Impairment: This section has four levels reflecting increasing impairment severity:
- Minimal: Requires periodic review due to an ongoing condition that could worsen.
- Mild: The condition is controlled, allowing safe driving, but requires more frequent reviews.
- Moderate: Often precludes driving, but there is potential for recovery to a safe driving level.
- Severe: Identifies permanent conditions with little or no potential for improvement, making safe driving impossible.
Condition Under Investigation: Used for newly identified problems pending a follow-up report.

Texas Medical Advisory Board

Periodic reviews are an integral part of this system, allowing the MAB to reclassify a driver to a higher or lower section as their medical condition either improves or deteriorates.

Age and General Debility as a Driving Factor

The aging process, often accompanied by general debility, is a significant factor contributing to driving safety problems. It’s important to understand that the MAB recognizes that aging cannot be measured strictly by chronological age. The goal is to preserve the privilege of driving for as long as an aging person poses no greater danger than the general driving population.

Information considered when evaluating an aging driver’s fitness includes:

General weakness
Organic brain syndrome (leading to memory loss, confusion, or psychoses)
Slowed reaction time
Musculoskeletal disabilities
Loss of visual acuity and peripheral fields

The opinion of the treating physician regarding the applicant’s functional capacity is vital and cannot be overestimated. Physicians provide a great service to both the patient and the public by accurately and thoroughly completing the MAB’s medical forms. Physician comments should be made with consideration of the patient’s ability to drive in a safe and responsible manner.

medical advisory board – aging

Disproving Allegations of Unsafe Driving Due to Age

If an individual’s license is challenged due to their age or alleged general debility, the burden of proof effectively falls on the driver to demonstrate their continued ability to drive safely.

To successfully disprove the allegation that age and debility warrant a license revocation, the following steps and evidence are crucial:

1. Detailed Physician Assessment

The most important step is obtaining a comprehensive and specific medical report from the treating physician. The physician must complete the MAB’s forms for the specific medical problems identified, providing detailed information and comments that speak directly to the patient’s functional ability to drive in a safe and responsible manner. This documentation can demonstrate that:

Any existing conditions fall under the “Minimal” or “Mild” active impairment categories, or that they are fully compensated.
The physician’s professional opinion supports the driver’s ability to safely operate a vehicle.

2. Comprehensive Testing

The DPS may require comprehensive written and driving tests. Passing these tests is concrete evidence of continued cognitive function and practical driving skill. The results of these tests are instrumental in determining if a license should be issued, and whether restrictions (like driving only during daylight hours or within a limited radius) might be appropriate instead of a full revocation.

3. Considering Restricted Driving

If an active impairment is noted, the MAB may suggest a period of restricted driving as an alternative to immediate license removal. Accepting and successfully adhering to restrictions can be a means of retaining the driving privilege while allowing for a period of observation and reevaluation.

4. Frequent Reevaluation

The MAB often advises frequent reevaluations, sometimes at yearly intervals or more often. A driver who proactively seeks these reevaluations and consistently demonstrates stability or improvement in their condition provides ongoing evidence that they pose no undue risk.

By working closely with their treating physician and cooperating with MAB-recommended testing and restrictions, Texans facing license challenges due to age can build a compelling case to retain their essential driving privileges.