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.
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
Criminal Defense Attorney
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.
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.
License was not issued by CA, BAC test result was under 0.08%, or mistake.
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.
Los Angeles Defense Attorney