DUI--Order of set aside- Got driver license back- Chance to dismiss the case in the court?

Asked over 1 year ago - Redwood City, CA

I got arrested under DUI while I pulled over my car and calling AAA at night--bad timing CHP showed up and had me field test and CHP thought I rejected breath test.
--No one witnessed my driving.
--I only had a glass of wine a couple hours ago.( A month later DMV sent me order of set aside and I got driver license back already as I assume my BAC was .02 or so by iphone APP BAC cal but DMV didn't disclose my BAC result)
--CHP report says, I had red eyes ( I had dry eyes and proof of receipts of eye drops prior to arrest also email evidence I was telling my friend of my eye problem)
-- CHP report says I spoke slur ( English is my 2nd language and it was close to midnight and I was tired)

I am hoping DA will drop the case. I believe my case will be dismissed in the court even convicted.

Attorney answers (3)

  1. Brian Russell Michaels

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Sounds like the case may actually not be filed based on what you said here.

  2. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . If what you have described here is accurate, it is very unlikely that charges will be filed against you. If you haven't gone to court yet, it might be a good idea to call the court to inquire if charges have been filed against you. Good luck.

    Jasen Nielsen

  3. Michael Jon Fremont

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . The DMV administrative action and criminal charges in court are seperate.The DMV granting the set aside is good as that generally means that your BAC was under a .08. The police report of blood shot eyes and slurred speech is meaningless as police put that in almost every report. I have to assume that your breath test refussal refers to the PAS preliminary breath test in the field and not the evidciary test nd tht you took a blood test as you do noyknow your BAC. This case sounds like it will be a reject by the DA and noy filed.

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