Mistakes to Look for on the DS367 Form
Introduction
The DS367 form, also known as the Officer’s Statement, is a critical document in California DUI cases. Completed by the arresting officer, it serves as the primary evidence for the Department of Motor Vehicles (DMV) in administrative hearings concerning the suspension or revocation of a driver’s license. Given its importance, any errors or omissions in the DS367 form can significantly impact the outcome of a DUI case. This article will explore the common mistakes found in the DS367 form and how they can be used to challenge a DUI charge or the associated administrative penalties.
Understanding the DS367 Form
Purpose of the DS367 Form
The DS367 form provides a detailed account of the DUI arrest, including the officer’s observations, the field sobriety tests (FSTs) conducted, and the results of any chemical tests administered. The information in this form is crucial for the DMV hearing, which determines whether the driver’s license should be suspended or revoked pending the outcome of the criminal case.
Components of the DS367 Form
- Driver Information: Name, address, driver’s license number, and other personal details.
- Arrest Information: Date, time, and location of the arrest.
- Probable Cause: The officer’s observations leading to the stop and arrest.
- Field Sobriety Tests (FSTs): Details of the FSTs conducted and the driver’s performance.
- Chemical Tests: Results of breath, blood, or urine tests for blood alcohol content (BAC).
- Officer’s Certification: The officer’s sworn statement regarding the accuracy of the information provided.
Common Mistakes in the DS367 Form
Inaccurate or Incomplete Driver Information
Issues
Errors in the driver’s personal information, such as incorrect name spelling, address, or driver’s license number, can raise questions about the form’s accuracy and the arrest’s validity.
Impact
Inaccurate driver information can lead to identification issues, potentially undermining the prosecution’s case and providing grounds for dismissal.
Errors in Arrest Information
Issues
Mistakes in the date, time, or location of the arrest can create inconsistencies in the officer’s account.
Impact
Such discrepancies can cast doubt on the credibility of the officer’s report and may be used to challenge the validity of the arrest.
Insufficient Probable Cause
Issues
The officer must provide a detailed account of the probable cause for the stop and arrest. Vague or generic statements, such as “driver appeared intoxicated,” without specific observations, can be problematic.
Impact
Insufficient probable cause can be grounds for a motion to suppress evidence, potentially leading to the dismissal of the DUI charges.
Inaccuracies in Field Sobriety Tests (FSTs)
Issues
Errors in documenting the administration and results of FSTs are common. This includes failing to note environmental conditions, the driver’s medical conditions, or improper administration of the tests.
Impact
Inaccuracies or omissions regarding FSTs can undermine their reliability and be used to challenge the officer’s observations and conclusions about the driver’s impairment.
Incomplete or Incorrect Chemical Test Information
Issues
Mistakes in recording chemical test results, such as incorrect BAC levels or failure to note the time of the test, can significantly impact the case.
Impact
Errors in chemical test information can lead to challenges regarding the accuracy and admissibility of the test results, potentially resulting in reduced charges or case dismissal.
Officer’s Certification and Signatures
Issues
The DS367 form must be signed and certified by the arresting officer. Missing or incorrect signatures can invalidate the form.
Impact
An unsigned or improperly signed DS367 form can be grounds for dismissal of the administrative license suspension, as it fails to meet procedural requirements.
Late Submission of the Form
Issues
An officer has only five days to complete the form and send it to the DMV. If the “DMV Received” date stamped on the top of the form is more than a week from the arrest date, it suggests that the officer failed to meet this deadline.
Impact
While a late submission alone will not win a hearing, coupled with other problems, it can suggest the document is not reliable and can void the hearsay exception the DMV uses to rely on the document instead of live testimony.
Wrong Box Checked
Issues
This part of the form is meant to give the driver notice of the type of hearing to be held, e.g., a DUI probation case, a commercial driver case, a case involving a BAC of 0.08 percent or more, or a refusal case.
Impact
The type of hearing is important because it puts the driver on notice of the penalties they are facing. If the wrong box is checked, it can be a denial of due process to suspend a license — at least without granting a continuance to prepare for the right kind of hearing.
Improper Timeline
Issues
The officer must record the times of three events on the DS367’s first page: the time of driving, the time of the arrest, and the time objective symptoms of intoxication were observed.
Impact
Use common sense here to make sure the timeline is even possible. For example, did the officer say the arrest happened before the observed driving? Is the breath test recorded? If the officer failed to record the results in a breath test case, it is unlikely the DMV can suspend your license.
Refusal Questions Blank
Issues
Officers often fail to complete these questions in a refusal case. On the back side of the DS367’s first page, the officer is supposed to detail the admonishment given to the motorist and the motorist’s response.
Impact
If this section is blank or incomplete, the DMV will have a hard time sustaining a refusal suspension without the officer’s live testimony.
Officer’s Statement (“Probable Cause Statement”) Blank or Insufficient
Issues
Did the officer skip page 2? If so, the DMV will be hard-pressed to prove the lawful arrest element of its case. Similarly, did the officer just write down legal conclusions (“subject was speeding”) instead of facts that support the stop (“subject was traveling 45 mph in a 30 mph zone”)? Is the sole evidence of the reason for the stop a statement by a civilian? If so, it is hearsay, and the DMV needs to subpoena that witness to show that the stop was legal.
Impact
Blank or insufficient probable cause statements can significantly weaken the prosecution’s case, providing grounds for dismissal or reduction of charges.
Challenging Mistakes in the DS367 Form
DMV Hearing
Importance
The DMV hearing is a critical opportunity to challenge the suspension or revocation of your driver’s license based on the DS367 form.
Strategies
- Reviewing the Form: Carefully examine the DS367 form for any errors or omissions.
- Cross-Examining the Officer: During the hearing, question the officer about discrepancies and inconsistencies in their report.
- Presenting Evidence: Provide evidence that contradicts the officer’s statements or demonstrates procedural errors.
Criminal Court
Importance
Errors in the DS367 form can also be used to challenge the DUI charges in criminal court.
Strategies
- Filing Motions: File motions to suppress evidence or dismiss charges based on inaccuracies or procedural errors in the DS367 form.
- Expert Testimony: Use expert witnesses to challenge the validity of the FSTs or chemical tests documented in the DS367 form.
Conclusion
The DS367 form is a pivotal document in California DUI cases, and any mistakes or omissions can significantly affect the outcome of both the administrative and criminal proceedings. By carefully scrutinizing the DS367 form for common errors and effectively challenging them, defendants can strengthen their defense and potentially avoid the severe consequences of a DUI conviction. If you have been charged with a DUI, it is crucial to consult with an experienced DUI attorney who can identify and exploit these mistakes to your advantage.
Citations
- Brady v. Maryland, 373 U.S. 83 (1963).
- People v. Uribe, 162 Cal. App. 4th 1457 (2008).
- United States v. Olsen, 704 F.3d 1172 (9th Cir. 2013).
- California Vehicle Code § 13353.2 (DS367 Form Requirements).
- California Vehicle Code § 23152 (DUI Laws).
- California DMV Administrative Per Se (APS) Hearing Procedures.