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Why Have I Received a DMV Form DS-367?
The only reason a driver in California receives the DMV Form DS-367 is because they have been arrested or detained for DUI. When a person is arrested for DUI in the State of California and it is suspected they have driven a motor vehicle with a blood/alcohol level which exceeds the legal limit, the arresting law enforcement officer must seize the person’s California Driver License (California Peace Officers may not seize an out-of-state driver license) and mail it to the DMV’s Headquarters in Sacramento, California, along with a copy of the arrest report.
The moment a driver is placed into handcuffs for suspicion of DUI, California’s Administrative Per Se Law immediately suspends or revokes that person’s driver license. That’s Right!! The moment you’re arrested, your driving privilege in California is immediately suspended based upon a police officer’s belief that you are guilty.
Upon release from police custody, the affected driver is to be provided a copy of the DMV Form DS-367. In most instances, the DS-367 is an 8 ½ “x 11” piece of “pink-colored” paper. It is the third page of a legal document prepared in triplicate and so it is quite common for the officer’s writing to not be legible.
You have received this document because you’ve been arrested for DUI and the DMV has already begun the process of suspending your driving privilege. DO NOT DISCARD THIS DOCUMENT. This pink piece of paper is a “Temporary” Driver License and also contains other important information that you must read.
What is the Purpose of the DMV Form DS-367?
The language used in the DS-367 is complicated and difficult for many drivers to decipher. As frustrating as this is, the DS-367 is still a very important document and you must understand its content. Essentially the DS-367 establishes three important issues:
- The DS-367 clearly advises the driver that the DMV intends to suspend or revoke their driving privilege in the State of California. This tells the driver that the suspension process has begun.
- The DS-367 is a “Temporary” Driver License. If your original driver license was valid at the time of your DUI arrest, then the pink DS-367 grants you complete and unrestricted driving privileges for a period of 30-days following the arrest. With the DS-367 in your possession, you are permitted to drive anywhere and at any time for 30-days. On the 31st day, if you have not taken any action to protect you, the DS-367 will expire and the driver license is automatically suspended or revoked.
- Finally, and of great importance, the DS-367 is a warning to the driver that if he or she wishes to prevent the suspension or revocation of their driver license, they must contact the DMV within the first 10-days following the arrest. This contact is necessary to make a formal request for a driver license suspension hearing, known as an Administrative Per Se (APS) Hearing. This is the only path to preventing the suspension or revocation of the driver license.
The 10-day window for contact is 10 actual/calendar days. This means that weekends and holidays are part of that window of opportunity.
In the days immediately following an arrest for DUI, this pink form is very important, so keep it safe and keep it handy.
What Action Must I Take When I Receive a DMV Form DS-367?
Following an arrest for DUI, the pink-colored DMV Form DS-367 is one of the most important documents for a driver to possess. It contains critical information regarding what action the DMV plans to take against your driving privilege and what you must do to prevent it.
After receiving a DMV Form DS-367, the affected driver should:
- Realize that this is an important document. Do not misplace or discard this form. Read it carefully and then read it again.
- Carry this form with you whenever you drive. Assuming that the original driver license the police officer seized was valid, then the pink DS-367 grants you temporary driving privileges for 30-days. If you’re original driver license was not valid at the time of the DUI arrest, the pink DS-367 DOES NOT grant driving privileges.
- Note the “Arrest/Detention” date at the top of the form. With that date in mind, then look at a calendar and determine when your 10-day window with the DMV closes. If you fail to contact the appropriate division of the DMV within the first 10-days following your arrest, your right to a hearing is forfeit and there will be no way to prevent the suspension of your driver license.
- Call the DMV Defense Experts at California Drivers Advocates (CDA). We have been fighting and winning Administrative Per Se Hearings throughout the State of California for years. We know precisely what division of the DMV to contact and we know precisely what to say and do to exercise your right to a hearing.
If You Have Received a DMV Form DS-367, Call Us……We Can Help!
If you have been served with a pink-colored DMV Form DS-367, make no mistake. The DMV intends to suspend or revoke your driver license……Period! There is no maybe involved. It is going to happen unless you act quickly to protect yourself.
Successfully winning an Administrative Per Se Hearing is all about action. The first course of action is to correctly contact the DMV within the first 10-days following the arrest. Call the DMV Defense Experts at California Drivers Advocates. We have been handling APS Hearings for years and we’re ready to go to work on your saving your driver license. Don’t wait, call CDA now!
Video transcript: Hi, my name’s Rob Collier. I’m the president and CEO of California Drivers Advocates. Today, I’m going to speak with you about the California DMV Form DS-367. DS stands for Driver Safety, 367 is the form number. It’s also known as the Aged 21 and Older Officer’s Statement. The only reason that you will have received one of these things is because you’ve been arrested for DUI, period.
If you’ve been addressed for DUI, an officer is required to seize your California driver’s license, and then issue you the DS-367. What is the purpose of the DS-376? Essentially three things. Number one, it tells you that the DMV intends to suspend your license. Number two, it tells you that you are perfectly legal to drive for a period of 30 days. And number three, it tells you that if you want to prevent the ultimate suspension of your driving privilege, you must contact the DMV within 10 calendar days. That’s not weekdays, 10 calendar days. You can’t miss that day, or you’re sunk.
So, if you’ve received a DS-367, you know that you got work cut out for you. Trust me, a DMV hearing can be won, even for DUIs, but you have to act quickly. You have to act appropriately. If you have any questions, give us a call or visit our website.