This question is one that has perplexed more people than any other. Here is the scenario: A driver is stopped and arrested for a DUI, he takes a breath test and there in no alcohol present, however the cop believes he is under the influence of a drug such as marijuana. The person is booked and processed and released with a pending court date for driving under the influence. The question then becomes: Should the driver request a DMV hearing?
The answer depends, says Hermosa Beach DUI Attorney, if the driver did not receive an order of suspension and still has his license, calling the DMV may trigger and investigation for some other action, such as a medical issue or an addiction issue which could prompt a separate suspension. However, if the driver was served an APS order incorrectly, then a quandary develops. The quandary is that if the blood comes back with no alcohol then the APS should be set aside automatically when the DMV does a review of the case. If no hearing is requested the APS could fall thru the cracks and a suspension could result
So, if the driver did not get a pink APS order, do nothing. If the driver was incorrectly served then a hearing request may be prudent to protect the driving privilege and ensure that the DMV does the right thing and sets the action aside with no suspension.
Every year the drivers safety unit of the DMV gets well over a million hearing requests and they are backlogged, so be sure to follow up and demand that once the blood shows no alcohol present that the driver record be purged of the action.