He got pulled over by the police and he refused the breathalyzer and he was taken to a hospital because he is diabetic and he wasn't feeling well. The hospital took his blood and the blood test result shows BAC level lower than 0.08%. He recently received a letter from DMV saying "after review of the information on file, including any evidence which you may have presented, the action effective xxxxxx, pursuant to 133532 of the vehicle code(VC) is set aside" . what does this mean. Does this mean he will no longer be charged with DUI and the case is over....
Criminal Defense Attorney
When someone is arrested for a DUI, they are facing two legal fights: one with the DMV for a possible license suspenstion, plus the court case for DUI.
In the DMV proceedings, you don't get a judge or jury. The suspension issue is decided by a DMV hearing officer, who is probably not a lawyer. Because the blood alcohol level was under the legal limit, DMV set aside the suspension (which means dismissed it) and the DMV side is over.
(Your friend is lucky the officer did not allege he refused the test. A refusal suspension is longer than the one for driving with a BAC over .08%.)
The fact that DMV dropped the suspension case has nothing to do with the criminal court case. The District Attorney can still file DUI charges.
The DMV hearing is only to determine whether a person drove with a blood alcohol level over the legal limit. In the criminal case, the DA can allege that the person drove under the influence of alcohol, drugs or both. A person can also be charged with DUI for being too drunk to drive safely, even if they had a blood alcohol level under .08%.
Most of the time, a person who is arrested for a DUI will get a date to appear in court. Your friend should definitely go to any court date listed. Failing to go to court when you've signed a promise to appear is a separate misdemeanor offense.
1 lawyer agrees
Speeding / Traffic Ticket Lawyer
The response given by Mr. Marshall is correct.
The DMV set aside any suspension it could have given becauase the Blood Alcohol level was under .08. There is still the possibilty of DUI charges being filed by the District Attorney, as you do not have to be over BA .08 for that to happen. If that is the case your friend needs the services of an attorney who can deal with this matter. Feel fee to call if you have any questions.