If you've been recently cited for driving under the influence (DUI) in California, especially by an agency like the California Highway Patrol (CHP), one of the documents you were likely handed is called the DS 367 form. Many people are caught off guard by this pink sheet of paper, unsure what it means or what to do with it. But make no mistake — the DS 367 is a critical piece of your case, and knowing how to use it can make a significant difference in protecting your driving privileges.

In this guide, we break down what the DS 367 is, why you received it, what steps you need to take, and how to leverage it effectively in the aftermath of a DUI arrest in California.

What Is the DS 367 Form?

The DS 367, also referred to as the “Administrative Per Se” (APS) Suspension/Revocation Order and Temporary Driver License, is a notice issued by a California law enforcement officer at the time of your DUI arrest. It serves two primary functions:

1. It acts as an official notice that the California DMV intends to suspend or revoke your driving privilege.

2. It temporarily acts as your driver's license for 30 days, starting from the issue date.

If your actual driver's license was physically taken by the officer (common for DUI arrests), the DS 367 becomes your temporary license.

Why Did I Receive a DS 367?

You received the DS 367 form because:

• You were arrested for DUI under suspicion of driving with a Blood Alcohol Content (BAC) of 0.08% or more (or 0.04% for CDL holders),

• OR you refused to take a chemical test (breath or blood) after your arrest,

• OR your breath/blood test resulted in a BAC over the legal limit.

This form is part of California's Administrative Per Se (APS) program, which allows the DMV to suspend your license before your court case is even resolved, based solely on chemical test results or test refusal.

What's Inside the DS 367 Form?

The DS 367 contains critical information, including:

• Details of your arrest: Date, time, arresting officer, and location

• Statement of facts: Why the officer believes you were DUI (BAC level, refusal, etc.)

• License suspension notice: Declares the DMV's intention to suspend/revoke your driving privileges

• Temporary license section: Authorizes you to drive for 30 days from the issue date

• Hearing request instructions: Explains how you can request a DMV hearing to challenge the suspension

30-Day Countdown: What Happens Next

Once the DS 367 is issued, the clock starts ticking. Here's what the timeline usually looks like:

• Day 0–10: You have 10 days (including weekends) from the date of issue to request a DMV hearing. This is called the APS hearing, and it is your chance to challenge the automatic license suspension.

• Day 11–30: If you don't request a hearing, your license will be automatically suspended after 30 days from the issue date.

• If you do request a hearing within 10 days, the DMV may extend your temporary license beyond 30 days until your hearing takes place and a decision is made.

How to Use the DS 367 Form to Your Advantage

The DS 367 is more than just a warning — it's also a legal tool. Here's how to use it properly:

1. Keep It With You While Driving

If your physical license was taken, the DS 367 serves as your temporary license for 30 days. You should carry it in your vehicle at all times while driving, as proof of legal driving status.

2. Act Quickly to Request a DMV Hearing

The 10-day window to request a hearing is extremely short. You (or your attorney) must call or fax a request to the DMV Driver Safety Office listed on the form. Make sure to:

• Request the hearing,

• Ask for a "stay of suspension" (so you can keep driving),

• And request a copy of the officer's report and all evidence.

Failing to act within 10 days will result in automatic suspension, regardless of your court case.

3. Hire an Attorney Experienced in DUI Defense

The DMV hearing is separate from your court case. Even if you're found not guilty in court, your license can still be suspended by the DMV unless you win the APS hearing.

A DUI attorney can:

• Represent you at the DMV hearing,

• Challenge evidence in the DS 367,

• Examine whether proper procedures were followed (e.g., was the stop lawful? Was the breath test device calibrated?),

• And possibly get your suspension overturned or reduced.

CDL Holders: The Stakes Are Even Higher

If you hold a Commercial Driver's License (CDL), the implications are more severe. Even a first-time DUI or BAC of 0.04% while operating a commercial vehicle can:

• Result in a one-year disqualification of your CDL,

• Possibly cost you your job or ability to work in commercial driving.

And remember: The DMV does not allow restricted licenses for CDL holders, even if you're only using your CDL for work-related driving.

This makes it critical for CDL holders to fight the suspension at both the DMV level and in court.

Can the DS 367 Be Used as Evidence in Court?

Yes, it can — but it's not definitive. The form is often submitted as evidence at both the APS hearing and in criminal court. However, a skilled DUI attorney may:

• Challenge the accuracy or legality of the statements made in the DS 367,

• Cross-examine the arresting officer's version of events,

• Or argue for suppression of test results or procedural errors.

What Happens if You Ignore the DS 367?

Ignoring this form or missing the 10-day window to request a hearing will almost certainly result in:

• Automatic license suspension, usually for:

  • 4 months for a first offense (non-refusal),

  • 1 year or more for chemical test refusal,

  • 1 year disqualification for CDL holders.

• Loss of ability to challenge the suspension.

• Greater difficulty reinstating your license later.

Conclusion: The DS 367 Is Not Just Paper — It's Power

For anyone arrested for DUI in California — especially professionals like medics, truck drivers, and first responders — the DS 367 form is one of the most important documents you'll receive. It holds the key to your license status, your employment, and your legal strategy.

Take it seriously. Understand its meaning. And most importantly, act within 10 days to protect your rights.