The officer had crossed out VEHICLE CODE SECTION 23152 (b) off of the citation and never took me to be booked but allowed me to be picked up from the station.
It sounds as if your case does not involve alcohol, which is all the DMV cares about in terms of the DMV hearing. While one ordinarily has 10 days from the date of arrest to request a DMV hearing, the 10 days does not actually apply until you are issued the DS-367. So, the short is answer is that you probably don't need to request a DMV hearing. However, just to be sure, it can't hurt. Your best bet would be to consult with a locally experienced DUI attorney, and explain your situation in detail. Most will offer a free consultation. Good luck.
If you have a California drivers license, and it was not confiscated at the time of arrest, and you were not given a 30 temporary license, and the officer only wrote VC 23152(a), then it is likely that your BAC was below a .08. When your BAC is below a .08, then the officer should act as he did above, in which case there is no need to request a DMV hearing. Keep in mind that is a general statement, and you should speak to a DUI attorney in your area to discuss your case further to make sure that is the case. Further, it is a good idea to speak to a DUI attorney about your case as you can get convicted of a DUI even if your BAC was under a .08 per VC 23152(a)
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IF you had a valid license in your possession and he did not take it away then you can wait to see if the DMV sends you a notice ( make sure the DMV has your current address). If you had a valid license and the officer took it the DMV does need to be contacted to request a hearing. You only have 10 days from the date of the arrest.
I suggest that you contact an attorney qualified in DUI/DMV matters because your case has some unique issues. Unfortunately officers sometimes claim they provided the temporary license to those they arrest when they didn't. The DMV always takes the side of the officer and it is hard to disprove. Get some help. Good luck.
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