Title: License suspended in Oregon
carlsonc - February 13, 2007 03:30 AM (GMT)
I was diagnosed with sleep apnea after a sleep study 1/26/07. I've been on CPAP for 5 nights so far. Today I received the notice of immediate suspension of my driver's license. I have to surrender it at a "local DMV office" or face arrest. Apparently having sleep apnea, even if treated, is a criminal offense in OR. At my own expense I can hire an attorney to represent me at a hearing and try to get my license back after I meet unknown criteria. Tomorrow I will track down the doctor that did this to me and find out what hoops the DMV has in mind. This is going to cost hundreds if not thousands of dollars in attorney's fees, license fees, bus fare, and time off work. It adds a 4 hr commute to my day as well. I'm just shocked they can do this to me. I agreed to drive only the minimum necessary and I'm already using public transportation for all but the last mile of my commute. Why does this feel like I'm being punished.
ConnCarl - February 13, 2007 01:38 PM (GMT)
Carlsonc, thanks for updating us on the issues regarding your accident.
Unforunately, I'm not familiar with Oregon's DMV regulations. I presume that the focus of the regulation or law that led to the suspension of your license is to keep chronically sleepy drivers off the road unless and until they're received effective treatment.
I would think that under most circumstances, a letter from your sleep doctor describing your treatment should be sufficient evidence for a hearing officer to restore your driving privileges.
I suppose that the burden of proof could be higher than that, though. For example, thanks to
Alliken's recent post, we now know that at least one state in Australia (New South Wales) requires yearly SLT (Sleep Latency Tests) for commercial truck drivers who have been diagnosed with OSA.
I would think that the first order of business would be to get the name of the administrator responsible for driver licensing in your state (or county) and write or phone them, asking the following questions:
Are you required to retain legal counsel for the hearing?
What evidence of treatment for OSA is acceptable to the DMV?
What other information can they give you regarding the hearing process?
If you are not satisfied by the cooperation you are receiving, I would strongly suggest contacting your state senator or representative. You've gotten treatment for your OSA, and now you'd like to go about your lawful business. The state certainly has the right to require that you demonstrate the effectiveness of your therapy, but the procedure to do so should be transparent and straightforward.
Good luck!
Carl
carlsonc - February 22, 2007 01:57 PM (GMT)
To get my license back my PCP has to file medical forms with the DMV. She has to state specifically what has changed or been treated that will guarantee that I am mentally and physically safe to drive. The sleep specialist is masterminding all of this and he has ordered a Maintenance of Wakefulness Test which sounds like the most sadistic test with the least chance of passing that I can imagine. Taking the bus has added 2 hrs to my daily commute, all of it in the dark and on foot.
In the meantime I have been through 3 masks and now am on nasal pillows. I have huge hives on my forehead and cheek, my nose is sore, my chest hurts like I'm trying to get bronchitis and I feel awful. I'm less sleepy and I focus better at work but my sense of humor is gone and I'm cranky and irritable all the time. Sleep is no longer a refuge, just an ordeal. The RT just sighed and threw the nasal pillow mask at me and said I need to learn to suck it up. I guess that's supposed to be a funny apnea joke.
ConnCarl - February 24, 2007 02:16 AM (GMT)
Have you tried the new
Mirage Activa mask by ResMed?
I picked one up a few weeks ago, and I am amazed at the difference in comfort. Although the headgear is essentially the same as my Mirage Full Face mask, I don't need to tighten it at all, it fits very loosely against my face. But when it's pressurized, it seals perfectly. I wake up in the morning without those strap marks that I'd grown so used to.
Carl
carlsonc - March 5, 2007 07:55 AM (GMT)
The nasal pillows mask in an Optilife, I think. The RT set it up with medium pillows and I felt like I was suffocating. He said to turn up the humidity. Then I felt like I was hot, wet, and suffocating. Can't make him understand I don't like breathing hot air. I could only wear the mask about 2 hrs before I'd rip it off and throw it on the floor and sleep the rest of the night without. I went back to a nasal mask but again, hives and skin infections no matter how carefully I cleaned my skin and the mask itself. I got out all the parts of the Optilife and looked it over again and realized that the largest nasal pillows allowed me to breathe just fine. So for two relatively peaceful nights I have used the Optilife with the large nasal pillows and humidity on 1 and done just fine. I still feel the mask, I'm still aware of it all the time and I still wish I didn't have to do this, but it's tolerable at last. Now when do I start to feel better? I have no energy, I still fall asleep on the bus and in meetings. No huge improvements after 3+ weeks.
supersleeper - March 5, 2007 04:56 PM (GMT)
| QUOTE (ConnCarl @ Feb 23 2007, 09:16 PM) |
Have you tried the new Mirage Activa mask by ResMed?
Carl |
For what it's worth, my dad got a Mirage Activa (for free by going to a local Awake meeting) and he absolutely loves it. He had used the Ultra Mirage and Mirage Swift prior to that, but he thinks this one is the best of the three (at least for him).
I haven't tried it yet (still happy with my Mirage Swift for now). But, his satisfaction with the Activa may cause me to try it once it's time to replace my existing mask.
Carlson - for many people, once they get used the mask, it can take several weeks before the improvement is noticed. It's a very slow (but steady) improvement, usually; a month or so will go by, and you'll start noticing, "hey, I didn't get sleepy riding on the bus today!?!"
It takes time. I would say if you haven't noticed a definite increase in your wakefulness after six weeks of consistant every-night (6-8 hours) CPAP usage, then you want to look at other options.
carlsonc - March 13, 2007 01:18 PM (GMT)
Inexplicably, my license was returned yesterday. It was actually valid from the 7th of March but I didn't get the cryptic letter until Friday and couldn't call until yesterday to find out what the letter meant. Bureaucratese is really something. From the threatening tone of the first letter telling me I would be arrested, to the off hand tone of the second letter, I really didn't know what to think. My primary doctor filled out new medical forms that said I had a chronic condition under treatment and she did not expect a recurrence of a problem with driving. The state said fine, if you still have your license, drive on. Very anit-climactic. I cancelled the Maintenance of Wakefulness Test because it will cost me $600 (my part after insurance) and a whole day of work.
I've made peace with the Optilife nasal pillows. I still find the humidity awful but can usually fall asleep before the hot, wet feeling of breathing under water sets in. I'm up to 6 hrs a night which is amazing for me. I wake up a lot but keep the mask on and read if I can't get back to sleep. So it's probably more like 4 or 5 hrs of sleep but 6 hrs with the mask on.
RichCMH - March 18, 2007 02:44 PM (GMT)
carlsonc - your last post sounds like you are getting it together finally. I'm new to cpap since Jan 8 and have been using the Opti mask since early Feb. Stick with it. 5-6 hours of good sleep is better than 8 of poor sleep.
If you can't really stand the humidity just keep water in the tank for some light passover humidity to the air your cpap supplies. If you notice any nasal congestion, that's usually a sign you need more humidity, as you produce mucous to keep air passages moist.
Keep at it, you are not alone.
-Cheers!
travelersquest - June 19, 2007 04:56 AM (GMT)
I know this post is a couple months old, but this really got to me. Does anyone else know what states have this sort of thing with licences? I wonder how many other people have lost their licence and had to fight to get it back. This is really frustrating, since many people work and not every town has buses or transits. I guess I will have to do some more research on it. Anyone else have any info?
alliken - June 19, 2007 08:18 AM (GMT)
I live in N.S.W. Australia and as long as i am using my cpap machine and seeing my sleep doctor every 6 months everything is fine.The good thing is they finely released a machine specially designed for been used in trucks so when i drive interstate i don't have to worry.