The person who can order a license suspension is your state's Department of Motor Vehicles, not a family member or doctor
You cannot straightforward take away someone's driver's license yourself. A license is a legal document issued by your state, and only the DMV (or equivalent agency) can suspend or revoke it. What you can do is report safety concerns to the DMV, request a medical review, or in some cases petition a court for guardianship — but the actual removal of driving privileges comes from a government decision, not from your action alone.
The path forward depends on your relationship to the driver and how urgent the safety risk is. If you are a family member, you have fewer direct levers than a doctor or law enforcement officer would. If you are a healthcare provider, you have more. If there is when ready danger — an accident that just happened, a pattern of near-misses — police involvement may move faster than the DMV.
Key Takeaways
- Your state's DMV can suspend or revoke a license based on a medical report, a police report, or a court order, but not based on a family member's concern alone.
- Doctors and nurse practitioners can report unsafe drivers to the DMV in most states, and some states require them to do so.
- Police can initiate a DMV review if they observe unsafe driving or respond to an accident.
- If the driver has dementia or a serious medical condition, a letter from their physician to the DMV often triggers a mandatory retest or medical evaluation.
- Guardianship through a court is a slower path but gives you legal authority to make decisions about the person's driving and vehicle access.
Report unsafe driving directly to your state DMV
Most states have a form or online portal where you can report a driver you believe is unsafe. This is usually called a "Driver Safety Report" or "Medical Advisory Report" — the exact name varies by state. You fill out the form with the driver's name, license number, and a description of the unsafe behavior you have observed: swerving, running red lights, getting lost on familiar routes, multiple minor accidents, or confusion about basic driving rules.
The DMV does not act on a single report from a stranger or family member the way it would act on a police report. Instead, the report goes into a file. If multiple reports come in, or if the person is already flagged for a medical condition, the DMV may send them a notice requiring a driving test or medical evaluation. Some states will contact the driver's doctor directly and ask for a report on their fitness to drive.
You can find your state's reporting process by searching "[Your State] DMV report unsafe driver" or by calling your local DMV office. Have the person's full name, date of birth, and license number ready. Be specific about what you observed — "confused about where the brake pedal is" is more useful to the DMV than "seems unsafe."
Ask the driver's doctor to report to the DMV
A physician or nurse practitioner who treats the elderly driver has much more weight with the DMV than a family member does. If the driver has dementia, Parkinson's disease, severe vision loss, or another condition that affects driving safety, their doctor can — and in some states must — report this to the DMV. The doctor does not need the patient's permission in most states; patient confidentiality does not override public safety reporting requirements for driving fitness.
If you are the family member, you can request a private conversation with the doctor and explain your concerns. Bring specific examples: "He got lost driving to the grocery store he has been to for thirty years" or "She ran a red light last week and didn't seem to notice." The doctor can then decide whether to file a report with the DMV. Some doctors will ask the patient to undergo a formal driving evaluation by an occupational therapist who specializes in driving fitness — this is a neutral, objective test that often carries weight with the DMV.
If the doctor is reluctant, you can ask whether your state has a mandatory reporting law for unsafe drivers. Many states do, and the doctor may not realize they are required to report. You can also contact your state's medical board to ask about the reporting requirement — this information is public and may help the doctor understand their obligation.
Contact police if there is when ready danger
If the driver has caused an accident, hit a parked car, or you have witnessed dangerous driving that put people at risk, call the non-emergency police line and file a report. Include the date, time, location, and what happened. Police can initiate a DMV review based on an accident report or a documented pattern of unsafe driving.
Police can also perform a welfare check if you believe the person is a danger to themselves or others. This is not the same as an arrest, but it creates an official record that the DMV can see. If the officer observes signs of impairment or confusion during the check, they can recommend a medical evaluation or driving test.
Do not call 911 unless there is an active emergency — someone is driving right now and you fear an imminent crash. For a report about past incidents or a pattern of concern, use the non-emergency line.
Pursue guardianship if you need legal authority over driving decisions
If the elderly person has no one managing their affairs and you are a close family member, you can petition a court for guardianship or conservatorship. This is a legal process that takes weeks or months and requires you to show that the person cannot make safe decisions about their own care — including driving. Once a court appoints you as guardian, you have the legal right to take the car keys, sell the vehicle, or prevent the person from driving.
Guardianship is slower than a DMV suspension, but it is more comprehensive: it gives you authority over other decisions too, like medical care and finances. You will need to file paperwork with the court, possibly hire an attorney, and in some cases prove the person's incapacity in front of a judge. The cost varies by state but typically ranges from a few hundred to a few thousand dollars.
If the person already has a power of attorney or healthcare proxy in place, that person may already have the authority to make decisions about driving. Check the document to see what powers it grants. If it does not mention driving, you may still be able to work with that person to remove the keys or restrict vehicle access without going to court.
Understand what happens after the DMV gets a report
When the DMV receives a report — whether from you, a doctor, police, or another source — the typical next step is a letter to the driver. The letter says the DMV has received information about their driving safety and asks them to come in for a medical evaluation, a driving test, or both. The driver has a important date to respond, usually 10 to 30 days depending on the state.
If the driver does not respond, the DMV may suspend their license. If they respond and take the test or evaluation, the results determine what happens next: they may pass and keep their license, pass with restrictions (like no night driving), or fail and lose their license. A failed test can be appealed, and the driver can request another test after a waiting period.
The driver will receive notice of any suspension or revocation by mail. They have the right to request a hearing to contest the decision. This is why documentation matters: if you reported specific unsafe behaviors, and the doctor's report confirms a medical condition affecting driving, the DMV has a stronger basis to suspend the license and the driver has a weaker case to appeal.
Prepare for resistance and safety planning
Many elderly people do not want to stop driving. Losing a license feels like losing independence, and they may deny there is a problem, blame others for accidents, or become angry when you raise the topic. This is normal, and it is also a reason to involve a doctor or the DMV rather than trying to convince them yourself.
While the DMV process is underway, think about practical safety measures: Can you limit their driving to daytime only, or to short trips? Can you remove the car keys and tell them the car is in the shop? Can you arrange rides through family, a senior transportation service, or a volunteer driver program? Some communities have programs specifically for elderly people who can no longer drive — your local Area Agency on Aging can tell you what is available.
If the person lives with you or you have power of attorney, you can also take the step of disabling the vehicle: removing the battery, taking the keys, or parking it somewhere they cannot access it. This is not the same as a legal suspension, but it is a practical way to prevent driving while the formal process moves forward.
Frequently Asked Questions
Can I just take the car keys away?
If you live with the person or have legal authority (power of attorney or guardianship), yes. If you do not, taking the keys could be considered theft or interference with property. The safer route is to work with the DMV or a court. If you do have authority, removing the keys is often the fastest way to prevent driving while you pursue a formal license suspension.
What if the person has dementia but has not had any accidents?
A diagnosis of dementia alone is enough for a doctor to report to the DMV in most states. The DMV will typically order a driving test or medical evaluation. You do not have to wait for an accident to happen. Early intervention often prevents accidents and is easier on everyone involved.
How long does it take for the DMV to suspend a license?
It varies by state. After a report is filed, the DMV usually sends a letter within one to four weeks. The driver then has 10 to 30 days to respond. If they fail a test or do not respond, suspension can happen within days. The whole process from report to suspension typically takes four to twelve weeks, though it can be faster if police are involved.
What if the person refuses to take the DMV test?
Refusing to take a test that the DMV orders is usually treated as a failed test. The DMV can suspend the license for refusal. The person can appeal and request a hearing, but refusal does not protect their license — it typically results in suspension anyway.
Can I report anonymously?
Most states allow anonymous reports to the DMV. You do not have to give your name. However, if the case goes to a hearing and the driver wants to challenge the suspension, an anonymous report carries less weight than a named report with specific details. If you are comfortable identifying yourself, your report will be taken more seriously.