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Epilepsy and Driving
by Kenneth Ashkin, MD

from the newsletter archives of
The Epilepsy Foundation of NC
(Central/Western NC chapter)




For many people with epilepsy, the loss of one's driving license is often more of a burden than the disease itself.  Driving is often viewed as necessary for one to be an independent adult.  For many who do not live near adequate public transportation, the inability to drive can make working and socializing nearly impossible.  Fortunately, many people (with epilepsy can drive legally and safely. Statistically, people with epilepsy are not involved in any more traffic accidents than any body else on the road.

Each state establishes its own rules for granting driving privileges.  Some states require that a person be seizure free for a full year before they can drive while others require three months.  Why so much variability?  Where do the numbers come from?  It has been shown in studies that the risk of having a second seizure after the initial seizure drops to 15 % after three months and to less than 5% after a year.  For many states and physicians the 15% risk is safe enough while others prefer the additional security of the full year.  North Carolina's law says that 6 to 12 months of being seizure free is required with exceptions.  Typical exceptions include seizures that occur during a drug change, seizures that occur only in sleep or without loss of  consciousness or seizures that occur with a long warning symptom.

In North Carolina, people with epilepsy are encouraged to report their conditions to the department of Motor Vehicles and undergo periodic reviews.  PHYSICIANS ARE NOT REQUIRED TO REPORT THEIR PATIENTS WITH EPILEPSY TO THE DMV.  Only six states (California, Delaware, Nevada, New Jersey, Oregon, and Pennsylvania) require doctors to report patients.   Physicians must tell patients not to drive or they can be liable for accidents caused by their patients.  On the other hand, people with epilepsy who drive  against medical advice are liable for the accidents they are involved in, EVEN IF IT IS NOT RELATED TO A SEIZURE OR EVEN IF IT IS NOT THEIR FAULT.

While driving and alcohol never mix, driving and having well controlled epilepsy can mix safely and legally.  It is important to know the rules in your own state and never assume that you can never drive if you have epilepsy.  It is also important to trust your doctor.  Your doctor not only has a responsibility to your safety but also to the public's safety.  Your doctor must follow the law.

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Please note:  The above article was provided to SupportWorks without any original documentation or dates of original production.  We have removed as many typographical errors (and spelllling errors) as possible.  Please read the article carefully since the prevailing views on various topics may have changed since the article was originally written.  Thank you.

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