Unfortunately you will most likely find the impound fees are still due and payable. As long as the police had reasonable cause to stop and arrest your son on suspicion of DUI, the impound is lawful.\
I would presume your son is over 21 if the DMV is saying a hearing is not necessary and he can keep his license. If under 21, it is against the law to drive with any measurable amount of alcohol in your system and there likely will be a filing.
I would double-check with the DMV to make sure they do not intend to suspend your son's driving privileges. You only have ten days from the date of the stop to request a hearing, otherwise it is deemed waived, so you need to be sure no action is to be taken.
Impound fees are separate and even at under a .08 the DA still could file charges.
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It is probably a reject. If he is over 21 and .04, it's probably not going to get filed.
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He can still be charged at .04 under subsection a and d, but not under subsection b. DMV is concern with violations of b and d, but not a, so it is likely an subsection a violation.
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Your son has a good case to fight. The BAC is very low and an attorney may be able to get a dismissal or a dry. Impound fees are something that you can't go around if the police stopped him for a good reason.
Difficult to give you a concise answer because a good deal of information is missing.
Your son - is he a minor (under 18), or under 21? Both of these result in "different" criminal and DMV actions than a "standard DUI."
If he blew 0.06 and they made him take blood - the word "made" is key here - then he may be looking at a DUID (drug dui). This could delay issuance of a case as the DA awaits blood results (and works their way through a case filing back log.)
Did they take his license? Or give him a "pink sheet"?
The best thing for you / your son at present is to start interviewing possible DUI attorneys should a case get filed. Many of us offer free consultations. This will enable you to get better answers to your concerns and hopefully put your mind at ease a little bit. Then, depending on what you learn from talking to qualified attorneys, you'll have a better understanding of possible happenings and the alternatives open to your son.
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