Why Have I Received a DMV Form DS-367M?
Why Have I Received a DMV Form DS-367M?
California law makes it unlawful for any person who is under the age of 21 to operate a motor vehicle if they have ANY alcohol in their body. Known as the “Zero-Tolerance” law, California Vehicle Code (CVC) section 23136(a) provides:
Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening device or other chemical test, to drive a motor vehicle.
If a police officer has issued you a “pink-colored” Form DS-367M, this means he believes you have violated the “Zero-Tolerance” law and he has begun the process of suspending or revoking your driver license. The officer is mandated to seize your driver license, on the spot, and to issue you the Form DS-367M. The form is designed to alert you to the action the DMV is taking and what you must do to protect yourself. This is an important document so don’t misplace it and read it carefully.
If you are under the age of 21 years, the Form DS-367M serves three functions:
- The form alerts you that the DMV has begun the process of suspending or revoking your driving privilege because they believe you were driving with a blood-alcohol concentration of 0.01% or greater; or that you refused to blow into a preliminary alcohol screening test or provide another chemical test at the officer’s request.
- The form is a temporary driver license. Carry it with you and you are permitted to continue driving for 30 days without any restriction.
- The form alerts you that to prevent the automatic suspension or revocation of your driving privilege, you or your representative must contact the DMV WITHIN THE FIRST 10-DAYS FOLLOWING YOUR POLICE CONTACT!!! If you fail to make the appropriate contact within the required 10-days, you are presumed to have waived your right to a hearing and your driver license will be automatically suspended or revoked. This is not maybe. If you fail to act, the DMV will completely suspend or revoke your driver license for a minimum period of 1 year.
The Form DS-367M is an important document so keep it safe and carry it with you when you drive, but remember it is only good for 30-days and you must take action within 10-days.
If you have received a Form DS-367M from a police officer, this does not necessarily mean that you have been arrested for DUI; you may not even have received a citation to appear in court. What it does mean is that the police officer believes you have violated the “Zero-Tolerance” law by being under the age of 21 years while driving with a blood-alcohol concentration of 0.01 percent or greater. So, if you are driving with just a drop of alcohol in your system, you have violated the law.
In this case, your privilege to drive a motor vehicle is in jeopardy. Make no mistake; the California Legislature designed the “Zero-Tolerance” law to be painful for underage drivers to send them a very strong signal. If the DMV has its way, they will suspend or revoke your privilege to drive for a minimum of one year. If you simply cannot afford to lose your driving privilege for an extended period of time, you must retain the services of a DMV Defense Expert with the skill and experience necessary to fight the DMV.
As soon as you receive the Form DS-367M from a police officer, contact the DMV Defense Experts from California Drivers Advocates. We know precisely how to contact the DMV correctly, how to extend your driving privilege, and how to prepare and win a “Zero-Tolerance” hearing with the DMV.
Remember, you only have 10-days to make contact with the DMV so call CDA today and we’ll get started protecting you.
Consulting with CDA is Free. Call Now to Learn About Quality DMV Defense.
The DMV Defense Experts from California Drivers Advocates are comprised of former police officers, former DMV hearing officers, investigators and scientists. There is little at the DMV that we haven’t seen and handled. Scheduling a “Zero-Tolerance” hearing at the DMV may seem like the simplest thing in the world but the reality is your case can be bungled from the very beginning if not properly managed.
Call CDA today. We won’t charge you a dime to answer your questions and give you accurate information on the DMV process. If the DMV is focusing on your driver license, don’t let them take it without a fight. Call us today. We’re ready to help you get back on the road.
More about Administrative Per Se (DUI) Hearings at the California DMV