Free DIY Resource

Understanding Your DUI Pink Slip

California Form DS 367 — Admin Per Se Suspension/Revocation Order & Temporary Driver License

⏰ You Have 10 Days

From the date on your pink slip, you have only 10 days to request a DMV hearing. If you miss this deadline, your suspension takes effect automatically with no chance to contest it.

DMV Hearing Request Line: (916) 657-0214

📄 What Your Pink Slip Looks Like

Below is a sample DS 367 form. Your copy will be the pink (driver) copy. Click any page to enlarge.

1. What Is the Pink Slip?

When you're arrested for DUI in California, the officer takes your physical driver's license and hands you a pink-colored document — Form DS 367. This document serves two purposes:

📋 Suspension/Revocation Order

Official notice that your license WILL be suspended or revoked 30 days from the date printed on the form.

🪪 Temporary Driver License

Your legal permission to keep driving for 30 days. Carry this document with you — it IS your license now.

⚠️ Important: The pink slip does NOT give you driving privileges if your license was already expired, suspended, revoked, or if you're unlicensed. It only continues existing valid privileges.

2. Section-by-Section Breakdown

👤 Your Personal Information (Top of Form)

The top section contains your identifying information filled in by the arresting officer:

  • Case Number — The law enforcement agency's tracking number for your arrest
  • Detention/Arrest Date — When you were stopped and arrested
  • Name, DL#, DOB, Address — Your identification details
  • Commercial License? — Whether you hold a CDL (affects penalties)
  • Arrest Type Checkboxes — Alcohol, Cannabis, or Other Drug (for statistics only)

Check this: Make sure ALL information is correct. Errors in your name, DL#, or DOB can be used in your hearing defense.

🪪 License Status Checkboxes

The officer checks one of these to document what happened to your physical license:

Suspended/Revoked — Your license was already suspended or revoked before this arrest
☑️
Surrendered (Attached) — Most common. Officer physically took your license and attached it to the DMV copy
Not in Possession — You didn't have your license on you
Unlicensed — You don't have a valid California license
⚖️ Violation Type (The Reason for Suspension)

This is the legal basis for taking your license. The officer checks which applies:

0.08% or More BAC (Standard DUI)

Most common. Your breath or blood test showed 0.08% BAC or higher. If lab results later come back UNDER 0.08%, the suspension is automatically set aside.

0.01% or More BAC (DUI Probation)

If you're on DUI probation, the threshold is essentially zero tolerance — any detectable alcohol triggers suspension.

0.04% or More BAC (Commercial Vehicle)

Commercial vehicle operators have a stricter 0.04% limit when driving a commercial vehicle.

Chemical Test Refusal

You refused or failed to complete a breath, blood, or urine test. This carries the harshest penalties — typically 1-3 year revocation with no restricted license option for first offense.

👮 Officer Information & Service (Bottom of Form)

Contains the arresting officer's details:

  • Officer Name & Badge# — The officer who arrested you
  • Agency & Phone — The law enforcement agency
  • Court Code — Where your criminal case will be filed
  • Service Checkboxes — Whether this officer personally gave you the pink slip

Save this info: You may need the officer's name and badge number for your hearing. You can subpoena the officer to testify.

3. Critical Deadlines

10

Day 10 — Request DMV Hearing

You have 10 days from the issue date to call (916) 657-0214 and request an Admin Per Se hearing. Missing this deadline = automatic suspension with no hearing.

30

Day 30 — Temporary License Expires

Your pink slip (temporary license) expires at midnight, 30 days from the issue date. After this, you cannot legally drive unless: (a) you requested a hearing and it hasn't happened yet (stay of suspension), or (b) you obtained a restricted license.

30

Day 30+ — Suspension Begins

If no hearing was requested (or the hearing upheld the suspension), your full suspension/revocation period begins. Length depends on violation type and prior offenses (see Penalties below).

4. Your DMV Hearing Rights

The DMV hearing is separate from your criminal court case. It only determines whether your license suspension/revocation is justified. Here's what you need to know:

📞 How to Request

Call (916) 657-0214 within 10 days. Default is a telephone hearing. You can request in-person if you prefer.

📄 Your Right to Evidence

You can request copies of DMV's evidence at least 10 days before your hearing date. This includes the officer's report, chemical test results, and calibration records.

🗣️ What You Can Do at the Hearing

  • Present testimony and evidence
  • Be represented by an attorney (or represent yourself)
  • Subpoena the arresting officer to testify
  • Subpoena other witnesses
  • Cross-examine opposing witnesses
  • Request a sign language or foreign language interpreter

🔍 What the Hearing Officer Decides

For a BAC test case, the hearing addresses 3 questions:

  1. Did the officer have reasonable cause to believe you were driving under the influence?
  2. Were you lawfully arrested or detained?
  3. Were you driving with a BAC at or above the legal limit?

For a test refusal, there are 2 additional questions:

  1. Were you told your license would be suspended/revoked for refusing?
  2. Did you actually refuse or fail to complete the test?

💡 Pro Tip

Even if you think you'll lose, always request the hearing. It buys you extra time to drive legally (the suspension is stayed until the hearing is complete), and sometimes officers don't show up — which can result in the case being set aside.

5. Penalties by Violation Type

Violation1st Offense2nd Offense3rd+ Offense
0.08%+ BAC4-month suspension1-year suspension1-year suspension
Test Refusal1-year revocation2-year revocation3-year revocation
0.01%+ (Probation)1-year suspensionPer court/DMV determination
0.04%+ (Commercial)1-year CDL disqualificationLifetime CDL disqualification

To get your license back after suspension, you must:

  1. Complete the full suspension/revocation period
  2. Pay the $125 reissue fee to DMV
  3. File SR-22 proof of insurance (maintain for 3 years)
  4. Complete a DUI program (if ordered by court)
  5. Install an IID (Ignition Interlock Device) if required

6. How to Get Your License Back

🔑 Restricted License Option (1st Offense, 0.08%+ BAC only)

After 30 days of hard suspension, first-time offenders may apply for a restricted license that allows driving to/from work, DUI programs, and medical appointments. Requirements:

  • Enroll in a DUI program
  • File SR-22 insurance
  • Pay the $125 reissue fee
  • Install IID (if required under SB 1046)

🔓 IID Restricted License (Available for most offenses)

Under California's IID pilot program (now statewide), you may be eligible for a full (not restricted) license if you install an Ignition Interlock Device. This may be available even for refusals and repeat offenses.

7. Your Next Steps Checklist

TODAY

Read and understand your pink slip completely (you're doing this now ✓)

Day 1-10

Call (916) 657-0214 to request your DMV hearing — DO NOT WAIT

Day 1-10

Contact a DUI attorney for a free consultation (many offer free first consult)

Day 1-30

Get SR-22 insurance quotes — you'll need this for reinstatement

Day 1-30

Research DUI programs in your area — find one that's court-approved

Day 1-30

Check if you qualify for SB 1046 IID restricted license

Day 30

Your pink slip (temporary license) expires — STOP driving if no hearing stay

After Hearing

If suspension upheld: enroll in DUI program, file SR-22, pay $125 reissue fee

Ongoing

Maintain SR-22 insurance for 3 years — any lapse restarts the clock

Need Help? We're Here for You

Navigating a DUI is overwhelming. Our specialists handle DMV hearings, SR-22 insurance, IID installation, DUI programs, and full reinstatement — so you don't have to figure it out alone.

DUI-Help.org is NOT a law firm. This information is for educational purposes only and does not constitute legal advice. Laws change — verify all information with the California DMV or a licensed attorney.