Dementia Driving Laws in West Virginia: How to Report and the DMV Medical Review Process

Taking the car keys from a parent with dementia is one of the most emotionally charged decisions a family faces. Your parent may still believe they drive fine. They may become furious, accuse you of controlling them, or simply grab a spare key. And in rural West Virginia, where a car is the only connection to town, groceries, and medical appointments, losing driving privileges can feel like losing independence entirely.

But the cognitive decline that comes with dementia directly impairs reaction time, spatial awareness, lane tracking, and the ability to respond to unexpected road conditions. There comes a point where the risk to your parent and to other drivers outweighs the independence the car provides.

West Virginia has a formal process for this — and knowing how it works can make the transition less adversarial.

Who Can File a Report

The West Virginia Division of Motor Vehicles operates a Medical Review Unit in Charleston specifically to evaluate drivers whose physical or cognitive conditions may make them unsafe.

A report can be submitted by:

• A DMV employee
• A treating physician
• A licensed caretaker
• An immediate family member (spouse, sibling, parent, son, daughter, or someone holding a valid power of attorney with proper documentation)

Law enforcement officers who personally encounter an unsafe driver are legally mandated to file a report.

West Virginia does not accept anonymous reports. The driver has a legal right to know who questioned their driving ability. This policy is designed to prevent retaliatory or malicious reporting, but it also means your parent will learn that you filed the report.

How to File

You can submit a report using the official Medical Review Request Form (DMV-50-CD) or by sending a detailed letter that includes the driver's full name, date of birth, and specific observed safety incidents.

Family members submit by mail or fax to the Medical Review Unit in Charleston. Physicians and law enforcement must use official letterhead.

Be specific in your description. "My mother has dementia" is less actionable than "My mother drove through a stop sign on Route 60 on June 15, was found confused in a parking lot unable to locate her car on June 22, and backed into a mailbox in her own driveway on July 3." Concrete incidents trigger faster review.

What the DMV Does After Receiving a Report

Once the Medical Review Unit receives a credible report, it reviews the driver's file and may take several actions:

Demand a medical report. The DMV can require the driver to have their physician complete a comprehensive medical examination form (DLAB-1). The examination must be conducted within 90 days. If the driver does not comply, driving privileges are suspended.

Order a vision examination. West Virginia's baseline visual acuity requirement is 20/40. Drivers with acuity between 20/40 and 20/60 are reviewed on a case-by-case basis and must submit a detailed vision report from an optometrist or ophthalmologist.

Mandate a road skills re-examination. The driver may be required to pass a driving test at a local DMV office.

Apply the seizure/loss of consciousness rule. For drivers who have experienced seizures or temporary loss of consciousness — which can occur in advanced dementia, stroke-related cognitive decline, or medication interactions — West Virginia requires a strict six-month episode-free period verified by a physician before driving privileges can continue.

Having the Conversation

Before filing a report, most families try to convince their parent to stop driving voluntarily. This works best when:

• The parent's physician raises the issue during a medical appointment. Hearing it from a doctor carries different weight than hearing it from an adult child.
• You offer concrete alternatives: scheduled rides, a grocery delivery service, volunteer driver programs through the local Area Agency on Aging.
• You separate the identity from the activity. "You're not a bad driver — your brain is making it unsafe" reframes the conversation around the disease rather than the person.

If voluntary cessation does not work and you observe continued unsafe driving, the DMV Medical Review process exists to resolve the situation formally. The process protects your parent, protects other drivers, and removes you from the role of being the sole enforcer.

Afterward: Maintaining Mobility

Losing driving access in rural West Virginia creates real isolation. The West Virginia Bureau of Senior Services and county senior centers often provide or coordinate transportation services for medical appointments and essential errands. Ask the local Area Agency on Aging about transportation options available in your parent's county.

The West Virginia Dementia & Memory Care Guide covers the full driving cessation process including the exact forms, a conversation script for raising the topic with your parent's physician, and a county-by-county overview of transportation alternatives.

See more West Virginia guides →