When police make a DUI arrest, the police typically seize the driver’s California license (hard copy) and replace it with the document entitled, “AGE 21 AND OLDER ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE” typically pink in color, also known by its technical name, DS 367 (“DS 367″ appears in the lower left corner of the document in fine print).
Immediately under the first four lines of boxes and handwritten information is written:
“Driver license with three boxes (choices) for the officer to check: “
“Suspended/Revoked Surrendered (Attached) Not in possession Unlicensed”
Typically, the officer would check the “Surrendered” box unless one of the other three categories applies OR if the person has an out of state license (police cannot seize a valid out of state license) OR if the person, who is 21 or over and not on DUI probation, has a BAC under .08%.
Once police seize your license, police must give you a copy of this document so you know what your rights are to defend your driving privileges. In the upper right hand corner of the form is written, “DRIVER MUST BE GIVEN A COPY OF THIS ORDER WHEN COMPLETED BY THE OFFICER.”
At the bottom of the front side of the “AGE 21 AND OLDER ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE” is the officer’s printed name, badge number, telephone number, and agency (police department). Under that information are two boxes, I box DID box DID NOT personally serve a copy of the Order of Suspension/Revocation to the driver. The officer must insert the date that the order was issued and sign the form; if he/she did not serve the order, the officer who did must insert the officer’s printed name and date and sign the order.
The document, “AGE 21 AND OLDER ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE”, serves several purposes. Its title in part reads, “suspension/revocation order AND temporary driver license”. One of its functions is to be a temporary license. As such, it must be carried with the licensee and shall serve as the person’s temporary license. This temporary license does not provide the licensee with any privileges if the licensee does not have a California license (ie out of state driver) or if the license is expired, suspended, canceled, revoked or denied. It expires at midnight 30 days from the issue date of order.
A second function is to act as notice of suspension or revocation. The suspension/revocation order happens IF the driver fails to act timely, ie within the ten days following the “ISSUE DATE OF ORDER” and contact the DMV.
The “AGE 21 AND OLDER ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE”, about 1/4 from the top, reads in bold:
“You are hereby notified that your privilege to operate a motor vehicle will be suspended or revoked effective 30 days from the issue date of this order as shown below, and until you pay a $125 reissue fee and file proof of financial responsibility as shown on the reverse.”
Further down on the same side, it reads: “It expires at midnight 30 days from the issue date of this order shown below.” Therefore, it is important to locate the “issue date of order” information, because 30 days following the date that the document was issued, your temporary license is suspended at midnight IF you fail to contact the DMV on or before the tenth day following the date that the document was issued.
To determine when the ten day period begins, you should look at the “AGE 21 AND OLDER ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE.” In the lower left hand corner, two boxes up from the lower left hand corner is a box, “ISSUE DATE OF ORDER”. This box should have a date that is handwritten in it. That date triggers the ten days. Here’s a concrete example: suppose that the “ISSUE DATE OF ORDER” box has 2/6/11 marked in it. That means the driver has 10 calendar days from 2/6 to contact the DMV. Therefore, the driver has through and including 2/16/11 to contact the DMV. What happens if the tenth day falls on a weekend or holiday? Do not risk the DMV rejecting your request by waiting until the next day that the DMV is actually open. You must contact (meaning: call, mail or fax) your request on or before the tenth day.
What happens if you cannot read the date in the box, “ISSUE DATE OF ORDER” or there is no date written there at all? You still have to contact the DMV within the ten day period. You have to assume that the ten day period begins on the date that you were stopped (and not necessarily arrested) by police. Here’s a situation that occurs quite frequently: police stop a driver before midnight and arrest the driver after midnight. Therefore, the stop occurs one day before the arrest. If you cannot read a date in the “ISSUE DATE OF ORDER” box, you must be conservative and assume it is the earlier of the two dates (date of stop vs. date of arrest).