Wheeler v. Department of Motor Vehicles

Opinion

SILLS, P. J.

The Department of Motor Vehicles (the DMV) has a state-approved form (DS 367A) for reporting chemical test results to the DMV when a police officer administratively suspends a licensee’s driving privilege pursuant to Vehicle Code section 13353.2 (driving with a blood-alcohol concentration of 0.08 percent or more). The form requires the test results to be sworn. For reasons which are never explained, the Orange County Sheriff-Coroner Department crime laboratory uses its own homegrown form for reporting chemical test results to the DMV. The local form does not require the…