DMV - Driver's License - Sleep Apnea status

General Discussion on any topic relating to CPAP and/or Sleep Apnea.
Stom
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Re: DMV - Driver's License - Sleep Apnea status

Post by Stom » Wed Apr 17, 2019 9:31 am

Wulfman... wrote:
Tue Apr 16, 2019 7:06 pm
If it would have been me, I'd have answered "No".
With an average AHI of less than 5.0 and 100% usage (which I can easily verify going back to the beginning of my therapy), for all intents, I don't have "apnea".
That would be like saying you have 20/20 vision because you have glasses. If your vision requires glasses you still have to check "requires corrective lenses". The same would be true for sleep apnea that is under treatment. You still have it even if it is controlled by treatment.
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Re: DMV - Driver's License - Sleep Apnea status

Post by Wulfman... » Wed Apr 17, 2019 9:58 am

Stom wrote:
Wed Apr 17, 2019 9:31 am
Wulfman... wrote:
Tue Apr 16, 2019 7:06 pm
If it would have been me, I'd have answered "No".
With an average AHI of less than 5.0 and 100% usage (which I can easily verify going back to the beginning of my therapy), for all intents, I don't have "apnea".
That would be like saying you have 20/20 vision because you have glasses. If your vision requires glasses you still have to check "requires corrective lenses". The same would be true for sleep apnea that is under treatment. You still have it even if it is controlled by treatment.
No.
You don't have to wear your XPAP machine when you drive......only at night when you're sleeping......and presumably you don't drive in your sleep. So, the XPAP therapy is NOT a function of, or necessity while you're driving.
And, if you (need to) wear glasses only when you read or use the computer, you wouldn't need to declare that for driving.

For me, personally, I use reading glasses when I read and use the computer because I have an astigmatism in both eyes. Otherwise I have 20/20 (or better) vision.


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jimbud
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Re: DMV - Driver's License - Sleep Apnea status

Post by jimbud » Wed Apr 17, 2019 10:26 am

The key word here has been mentioned "privilege" . The courts have declared that driving is a privilege not a right. Rules can be enacted and will be held up in court. This is probably one of those.
That being said I would not say no, but hell no. Sleepiness is not one of my side effects of SA.
Personal opinion. Just sayin'
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Re: DMV - Driver's License - Sleep Apnea status

Post by Stom » Wed Apr 17, 2019 11:01 am

Wulfman... wrote:
Wed Apr 17, 2019 9:58 am

No.
You don't have to wear your XPAP machine when you drive......only at night when you're sleeping......and presumably you don't drive in your sleep. So, the XPAP therapy is NOT a function of, or necessity while you're driving.
At this point it's hypothetical for me since I haven't seen the state or the exact circumstances of the question, but I would say that if the question was "are you sleep deprived?" you could legit answer "no" because you are successfully treated and are not sleep deprived. But if the question is "do you have sleep apnea?" the only legit answer is "yes". PAP therapy doesn't cure sleep apnea, it treats it. You still have sleep apnea. The diagnosis is in your medical records (unless you are self-diagnosed) and lying on forms with your signature attesting to the truth of your claims could be a problem for you. (Though who knows how often such things are enforced.)
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Re: DMV - Driver's License - Sleep Apnea status

Post by palerider » Wed Apr 17, 2019 11:25 am

babydinosnoreless wrote:
Wed Apr 17, 2019 9:19 am
palerider wrote:
Wed Apr 17, 2019 1:33 am
babydinosnoreless wrote:
Wed Apr 17, 2019 12:35 am
Jas_williams wrote:
Wed Apr 17, 2019 12:12 am
Here in the UK sleep Apnoea is a notifiable disease so you have to tell the DVLA if you have been diagnosed with sleep apnoea and then they write to your Dr to check you are adequately treated. You need to see someone at the sleep clinic once every three years but it’s normal to have an annual checkup. If you don’t have regular check ups your licence will be revoked.
Wow draconian rules much ? It no business of any government bureaucrat what my medical history is. I wouldn't answer the damn question. Just like I refuse to answer any non medical questions at my doctors office. I often write none of your damn business on their invasive forms.
Point to ponder...

Is it better to restrict the privilege of driving to those that aren't going to fall asleep at the wheel because of untreated sleep apnea, or is it better to let the exhausted sleepy people drive, and kill people when they fall asleep at the wheel of their car, or truck?
"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."

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babydinosnoreless wrote:
Wed Apr 17, 2019 9:19 am
There are days even with my machine I only sleep 5 hours. Sometimes I sleep 9. Should I not drive on the days where I only sleep 5 hours ? Probably. Do I anyway? Yes !

Is some pencil necked bureaucrat going to decide when I am unsafe to drive NO! On my most tired days I probably drive better than half of the idiots out there and half of the people out there probably drive tired better than I do even on good sleep filled days.

As an adult its up to me to make many decisions every day on simple common sense items. It is not IMO the governments job or place to be mommy or daddy especially when its subjective and unenforceable. Yes I'm a hard core libertarian. :lol: :lol:
The argument could be made that a large percentage of people on the roads today in america shouldln't be allowed to drive. People who are texting on their phones, or playing games, spending more attention on the fighting children in the back seat than the road, people that simply don't know the proper rules of the road, people that simply aren't competent.

But, hey... we're not Germany, where there's actual driver education and regulation.... and consequently, far less carnage on their autobahns than there is here.

Meh, the herd needs to be culled anyway.

floor it! :)

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Re: DMV - Driver's License - Sleep Apnea status

Post by Midwest_non_sleeper » Wed Apr 17, 2019 12:06 pm

palerider wrote:
Wed Apr 17, 2019 11:25 am
babydinosnoreless wrote:
Wed Apr 17, 2019 9:19 am
palerider wrote:
Wed Apr 17, 2019 1:33 am
babydinosnoreless wrote:
Wed Apr 17, 2019 12:35 am
Jas_williams wrote:
Wed Apr 17, 2019 12:12 am
Here in the UK sleep Apnoea is a notifiable disease so you have to tell the DVLA if you have been diagnosed with sleep apnoea and then they write to your Dr to check you are adequately treated. You need to see someone at the sleep clinic once every three years but it’s normal to have an annual checkup. If you don’t have regular check ups your licence will be revoked.
Wow draconian rules much ? It no business of any government bureaucrat what my medical history is. I wouldn't answer the damn question. Just like I refuse to answer any non medical questions at my doctors office. I often write none of your damn business on their invasive forms.
Point to ponder...

Is it better to restrict the privilege of driving to those that aren't going to fall asleep at the wheel because of untreated sleep apnea, or is it better to let the exhausted sleepy people drive, and kill people when they fall asleep at the wheel of their car, or truck?
"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."

Benjamin Franklin
While digging up dead people, I found that he's my 13th great grand uncle.
babydinosnoreless wrote:
Wed Apr 17, 2019 9:19 am
There are days even with my machine I only sleep 5 hours. Sometimes I sleep 9. Should I not drive on the days where I only sleep 5 hours ? Probably. Do I anyway? Yes !

Is some pencil necked bureaucrat going to decide when I am unsafe to drive NO! On my most tired days I probably drive better than half of the idiots out there and half of the people out there probably drive tired better than I do even on good sleep filled days.

As an adult its up to me to make many decisions every day on simple common sense items. It is not IMO the governments job or place to be mommy or daddy especially when its subjective and unenforceable. Yes I'm a hard core libertarian. :lol: :lol:
The argument could be made that a large percentage of people on the roads today in america shouldln't be allowed to drive. People who are texting on their phones, or playing games, spending more attention on the fighting children in the back seat than the road, people that simply don't know the proper rules of the road, people that simply aren't competent.

But, hey... we're not Germany, where there's actual driver education and regulation.... and consequently, far less carnage on their autobahns than there is here.

Meh, the herd needs to be culled anyway.

floor it! :)
Taking into account that we are the third most populous nation on the planet, we are far from the top of the list concerning vehicular accidents and deaths. We are far and away safer than the two most populous nations, China and India, with 10.3 road fatalities per 100k, as opposed to China (18.8) and India (16.6).

Germany, as you noted, comes in at a clean 4.3, which is very good, and perhaps it is because of better instruction at the onset of driving.

It is very clear though, that society has a problem of mobile devices while driving, not just the United States.

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Re: DMV - Driver's License - Sleep Apnea status

Post by Wulfman... » Wed Apr 17, 2019 12:07 pm

Stom wrote:
Wed Apr 17, 2019 11:01 am
Wulfman... wrote:
Wed Apr 17, 2019 9:58 am

No.
You don't have to wear your XPAP machine when you drive......only at night when you're sleeping......and presumably you don't drive in your sleep. So, the XPAP therapy is NOT a function of, or necessity while you're driving.
At this point it's hypothetical for me since I haven't seen the state or the exact circumstances of the question, but I would say that if the question was "are you sleep deprived?" you could legit answer "no" because you are successfully treated and are not sleep deprived. But if the question is "do you have sleep apnea?" the only legit answer is "yes". PAP therapy doesn't cure sleep apnea, it treats it. You still have sleep apnea. The diagnosis is in your medical records (unless you are self-diagnosed) and lying on forms with your signature attesting to the truth of your claims could be a problem for you. (Though who knows how often such things are enforced.)
The term "Sleep Apnea" is by nature.......Apnea while you're sleeping. It's a breathing disorder while you're sleeping. If you're using your machine and your therapy is successful (AHI less than 5.0 and sleep time is of sufficient quantity), you shouldn't have a problem staying awake while you're driving.
The way I see it is that there is an overabundance of people who haven't been diagnosed or have given up on their therapy and are still behind the wheel of their vehicles. Too many people really don't take their therapy seriously and don't take control of their own therapy. Many of those people can still be dangerous regardless of whether or not they declare their condition to the authorities. And, due to physician/patient privileges, only an accident and court order could make the diagnosis known. In some cases, it's a tough call, but for the vast majority of us who have had successful therapy and monitor it religiously, the answer would still be "No"........In my opinion.
I agree with what "palerider" mentioned previously, in that there are definitely people who have no business behind the wheel for a multitude of other reasons.


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Stom
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Re: DMV - Driver's License - Sleep Apnea status

Post by Stom » Wed Apr 17, 2019 12:52 pm

Wulfman... wrote:
Wed Apr 17, 2019 12:07 pm
If you're using your machine and your therapy is successful (AHI less than 5.0 and sleep time is of sufficient quantity), you shouldn't have a problem staying awake while you're driving.
Uhm, yes. Just like you shouldn't have a problem seeing when you are wearing glasses. For CDL holders they want to monitor if, in fact, people are receiving effective treatment.

I agree that the question might not be the most important one to ask, but you cannot factually answer "no" if asked if you have sleep apnea. They aren't asking if you are sleep deprived, they are asking if you have sleep apnea, and you do.

I get why you want to answer "no." It's expedient to do so and could save you a lot of hassle, but, I expect, not a legally supportable answer even if you are a better rested and safer driver than many.
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Re: DMV - Driver's License - Sleep Apnea status

Post by babydinosnoreless » Wed Apr 17, 2019 1:02 pm

Stom wrote:
Wed Apr 17, 2019 12:52 pm
Wulfman... wrote:
Wed Apr 17, 2019 12:07 pm
If you're using your machine and your therapy is successful (AHI less than 5.0 and sleep time is of sufficient quantity), you shouldn't have a problem staying awake while you're driving.
Uhm, yes. Just like you shouldn't have a problem seeing when you are wearing glasses. For CDL holders they want to monitor if, in fact, people are receiving effective treatment.

I agree that the question might not be the most important one to ask, but you cannot factually answer "no" if asked if you have sleep apnea. They aren't asking if you are sleep deprived, they are asking if you have sleep apnea, and you do.

I get why you want to answer "no." It's expedient to do so and could save you a lot of hassle, but, I expect, not a legally supportable answer even if you are a better rested and safer driver than many.
As our medical information is a protected privacy right, wouldn't anyone that informs them you have sleep apnea after you replied no, be breaking the law? If I had the money to do so, I would be tempted to challenge that state in court to see if they had the legal right to get the answer to that question in any way other than self reported.

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Re: DMV - Driver's License - Sleep Apnea status

Post by Goofproof » Wed Apr 17, 2019 1:14 pm

babydinosnoreless wrote:
Wed Apr 17, 2019 1:02 pm
Stom wrote:
Wed Apr 17, 2019 12:52 pm
Wulfman... wrote:
Wed Apr 17, 2019 12:07 pm
If you're using your machine and your therapy is successful (AHI less than 5.0 and sleep time is of sufficient quantity), you shouldn't have a problem staying awake while you're driving.
Uhm, yes. Just like you shouldn't have a problem seeing when you are wearing glasses. For CDL holders they want to monitor if, in fact, people are receiving effective treatment.

I agree that the question might not be the most important one to ask, but you cannot factually answer "no" if asked if you have sleep apnea. They aren't asking if you are sleep deprived, they are asking if you have sleep apnea, and you do.

I get why you want to answer "no." It's expedient to do so and could save you a lot of hassle, but, I expect, not a legally supportable answer even if you are a better rested and safer driver than many.
As our medical information is a protected privacy right, wouldn't anyone that informs them you have sleep apnea after you replied no, be breaking the law? If I had the money to do so, I would be tempted to challenge that state in court to see if they had the legal right to get the answer to that question in any way other than self reported.
Just take the Fifth, if you don't mind never driving legally again. Jim
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Re: DMV - Driver's License - Sleep Apnea status

Post by chunkyfrog » Wed Apr 17, 2019 1:53 pm

Sidebar to gp: if you cannot see the glucose meter, there are some made with VOICE.

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