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Arrested on suspicion of DUI, CHP confiscated my DL but mailed it back to me the next day. Why?

Los Angeles, CA |

I thought the CHP is supposed to send the DL to the DMV along with form DS 367. I took the blood test, spent the night in jail.

They still gave me the pink form DS 367. From the DMV website "The officer will give you a Suspension/Revocation Order and Temporary Driver License (DS 367/367M). If you have a valid California DL, the officer will take your DL and send it to DMV (to be destroyed). " The CHP did not send my DL to the DMV to be destroyed, instead they mailed it back to me. Why would they do that? The DL is from California.

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Attorney answers 5

Posted

The DS-367 is only for alcohol related DUI. If the police suspect that you were impaired only by alcohol, then they have no statutory authority to take your DL.

The best thing to do would be to have your attorney contact the DMV within 10 days to preserve your right to a hearing even if one is not ultimately held.

Most of us on AVVO are willing to give a free consultation. Contact a few of us.... you have nothing to lose. The more information you have, the better decisions you can make about your case.

Good Luck!!! - Troy

Troy Slaten, Esq. DUI Trial Lawyer 310-824-8896

Asker

Posted

Thanks! I scheduled the DMV hearing already. Not sure I understand your answer. If one's is impaired "only by alcohol", wouldn't that constitute suspicion of DUI? thus they should have sent the DL to the DMV instead of mailing it back to me the next day.

Troy Slaten

Troy Slaten

Posted

Oops. I left out the word "not." If the police feel you were NOT impaired by alcohol only (meaning they suspect drugs as well) then the DMV does not have jurisdiction. This means, if the police (because of a PAS or other breath test) suspect drugs and a BAC of less than .08%, then the DMV has no jurisdiction. The APS hearing is only for .08% and higher BAC. If your license is from a state other than CA, the police do not have authority to confiscate because the DL is the property of that other state. I would be happy to answer any questions you may have. My cell is 310-892-4218.

Posted

Make sure you schedule the hearing with the DMV anyway within ten days. Better to be safe than sorry because the dmv will always be right. Even when they are clearly not right so much of the time.

Posted

Usually, there are two reasons that licenses are returned, the chemical test came back below .08 or the license isn't issued by California. If you have a California DL then the Officer must suspect that your blood (in which he shouldn't know the alcohol content) will be below the legal limit. You should still make a DMV hearing request within 10 days of your arrest and may still be prosecuted for driving under the influence (VC23152a) which doesn't require a blood alcohol concentration of .08 or above.

Posted

License was not issued by CA, BAC test result was under 0.08%, or mistake.

Posted

Well this requires more facts. Very possible you were not over the legal limit, which begs the question, were you arrested and booked? Mistake. Out of state license. Lots of reasons. If you were arrested and booked you might want to have an attorney look into this. Many of us offer a free consult including our firm.

Brian Michaels
Los Angeles Defense Attorney
www.exlaprosecutor.com
310-991-9179

Asker

Posted

I was arrested and booked. Refused the breathalyzer, requested a blood test instead. DL is from CA.

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