After a DUI investigation of a driver over 21, where the officer believes the driver has alcohol in his or her system, the officer will confiscate the California driver license and issues a pink piece of paper, entitled “Age 21 and Older Administration Per Se Suspension/Revocation Order and Temporary Driver’s License” (or DS-367). This form is the official notice from the Department of Motor Vehicles concerning the driver’s license. Once police seize the driver’s license, officers must give a copy of this document in order for drivers to be advised their rights.
The DS-367 form serves two purposes. First, it is a temporary license, and will serve as the driver’s temporary license and it expires at midnight 30 days from the issue date of order. If the person does not have a license because it is expired, suspended, canceled, revoked or denied, the form does not validate their license.
Second, it serves to act as notice of suspension or revocation. When a driver is served with the DS-367 form, the driver only has ten (10) calendar days to contact DMV in order to request an administrative hearing, which is called a Driver Safety Administrative Per Se "APS" Hearing. Failure to contact the local Driver Safety Office will result in a driver’s license suspension or revocation. When requesting a hearing, the driver’s may also request a stay until the decision of the hearing. The best method of contacting DMV is to fax a request because the driver will have conclusive proof DMV received: 1) a demand for a hearing; 2) a request for a stay of the suspension or revocation; and, 3) a demand for all discovery the DMV will introduce into evidence.
If you were recently arrested, contact my office to discuss your case right away. You only have 10 days to contact DMV or your license will be suspended, so call us and we will request a hearing for you. If you already lost your license, we can help you get it back without waiting for your court date. (559) 447-1240.