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.
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