"Order of set aside or reinstatement" of my license in California after DUI

[Norcalgavin]

What is the name of your state (only U.S. law)? California

Hi everyone, I was pulled over and arrested last month for a DUI in San Francisco. The chp officer said I blew a .09 and later at the jail I did the blood test. An "Order of set aside or reinstatement" letter arrived yesterday and it states that I can apply for a duplicate license at a dmv office. I have never been arrested before and nobody was hurt the night I was arrested. Does this mean during the dmv hearing they came to the conclusion to not suspend my license?

I have to go to court later this month and I understand that the court may decide to take my DL away from me. Are the chances of getting it dropped or even down from a dui to a wet wreckless good since the dmv decided not suspend my driving privileges? I'm currently a college student studying business at sfsu and do not have extra money to hire a lawyer and hope I will qualify for a public defender.

Thank your for any help you guys can offer!

- Gavin

 

[CdwJava]

It appears to have been set aside because the test came back below .08 or the officer's Admin Per Se form was incomplete in some way.

 

[Norcalgavin]

It appears to have been set aside because the test came back below .08 or the officer's Admin Per Se form was incomplete in some way.

Thanks for your response. From what I understand I won't find out the results of my blood test until I go to court. Will an incomplete admin per se form help me in my court hearing?

 

[CdwJava]

Thanks for your response. From what I understand I won't find out the results of my blood test until I go to court. Will an incomplete admin per se form help me in my court hearing?

Not really, no. If the BAC was below .08 then the state will have to amend the charges to VC 23152(a) from 23152(b) as the elements of the former offense are simply driving while impaired on drugs or alcohol, and the latter is driving with a BAC of .08 or greater. Many DAs offices will drop the matter unless the FSTs or actions of the driver were particularly egregious or sufficient to convince a jury of impairment.