If you requested a DMV hearing after your DUI arrest and your attorney called with good news, you probably heard the words “set aside.” For most people, that phrase lands somewhere between relief and confusion. You know it sounds positive, but you are not entirely sure what it means for your license, your criminal case, or what you still need to do. This article explains what a set aside actually is, what it does and does not affect, and what comes next.

What the DMV Hearing Is Deciding

When you are arrested for DUI in California, the DMV immediately moves to suspend your license through what is called the Administrative Per Se process. This is a civil administrative action that runs completely separately from your criminal case. The DMV is not deciding whether you are guilty of a crime. It is deciding one narrower question: whether the facts of your arrest justify suspending your driving privilege.

To sustain a suspension, the DMV must establish three things: that the officer had reasonable cause to believe you were driving under the influence, that you were lawfully arrested, and that your blood alcohol concentration was at or above the legal limit. If the hearing officer finds that the DMV has not proven all three of those elements, the suspension does not stand.

When that happens, the hearing officer issues what is called a set aside.

What “Set Aside” Actually Means

In DMV terminology, a set aside is the equivalent of a dismissal. It means the hearing officer has determined that the administrative action against your driving privilege was not justified and is being dismissed. The suspension is gone. It does not go into effect. Your driving privilege is fully reinstated as of the moment the hearing officer prepares the written decision.

A set aside is the best possible outcome at a DMV hearing. When you win, you are not on a restricted license, you are not required to install an IID, you are not required to enroll in a DUI program as a condition of the DMV action, and you are not required to file an SR-22 as a result of the APS suspension. All of those requirements attached to the APS suspension disappear along with it.

You will receive a written Notice of Findings and Decision in the mail documenting the set aside and explaining what, if anything, you need to do to get your physical license back. In most cases, if your license was confiscated at the time of arrest, the notice will instruct you on how to obtain a replacement.

What a Set Aside Does Not Do

This is where a lot of confusion comes in, and it matters.

A set aside has no effect on your criminal case. The DMV hearing officer has authority only over your driving privilege. They cannot dismiss your DUI charge, reduce it, or influence what happens in criminal court in any binding way. The prosecutor handling your case does not answer to the DMV, and the DMV does not answer to the prosecutor. They operate on entirely separate tracks.

That said, winning the DMV hearing is not meaningless for your criminal case either. If the hearing officer found that the DMV failed to prove its case, that may signal weaknesses in the evidence that your attorney can exploit in court. Some prosecutors respond to a DMV loss by offering a more favorable plea. Others proceed regardless. What a set aside does not do is guarantee any particular outcome in the criminal proceedings.

A set aside of the APS suspension does not prevent a court-ordered suspension. If you are ultimately convicted of DUI in criminal court, the court will notify the DMV to impose a separate suspension based on that conviction. That court-triggered suspension is independent of the APS suspension and is not affected by the set aside. Winning the DMV hearing protects you from the administrative suspension. It does not immunize you from a conviction-based suspension if your criminal case does not resolve favorably.

What Happens After a Set Aside

Once the set aside is issued, the APS suspension is removed from your driving record. If your license was confiscated at the time of your arrest and you have been driving on your DS-367 temporary license, you will need to obtain a replacement physical license. The notice you receive will tell you whether to go to a DMV field office in person or whether a replacement can be issued another way.

At this point, from the DMV’s perspective regarding the APS action, you are done. There are no further requirements tied to the set aside itself. You do not owe the DMV a reissue fee, you do not need to file an SR-22, and you do not need to enroll in a DUI program as a condition of the APS case.

However, your criminal case is still pending unless it has already been resolved. Continue working with your attorney on the criminal side. The set aside gives your attorney a stronger position going into court, but the criminal case still requires its own resolution.

What If the DMV Set Aside Happens Automatically Without a Hearing?

In some cases, the DMV conducts an administrative review before any hearing takes place and determines on its own that there is no basis for the suspension. When this happens, the DMV will mail you a notice that the action has been set aside. This is different from winning a hearing, but the practical effect is the same: the APS suspension is dismissed and your driving privilege is reinstated.

This automatic set aside can happen when the DS-367 was not properly completed, when the officer failed to submit the required paperwork to the DMV on time, or when the initial review reveals a fundamental deficiency in the DMV’s case. If you receive this notice without having had a hearing, it means the DMV caught its own error and corrected it. The outcome for your driving privilege is the same as winning a hearing.

What If You Also Won a Not Guilty Verdict in Criminal Court?

If the criminal court returns a not guilty verdict on a charge that alleged a specific BAC level, and the DMV has already imposed a suspension based on the same issue, California law requires the DMV to set aside that suspension as well. This is established under the Helmandollar v. DMV line of cases. In that situation, your attorney should notify the DMV of the acquittal and request the set aside if it has not been issued automatically.

What a Set Aside Does Not Erase

A set aside dismisses the APS suspension. It does not expunge your arrest from your record. The DUI arrest itself remains a matter of public record unless separately addressed through expungement or other post-conviction relief. If your criminal case is eventually dismissed or results in an acquittal, there are additional steps available to address the arrest record, but those are separate from anything the DMV can do.

Conclusion

A set aside at the DMV is genuinely good news. It means your driving privilege is fully reinstated with no conditions attached to the APS action, and it may give your attorney additional leverage in your criminal case. What it does not do is end the criminal proceedings or prevent a court from imposing its own suspension if you are convicted. Keep your attorney engaged on the criminal side, understand that the two cases remain separate, and use the set aside for what it is: a real win that removes one significant consequence of your arrest from the table.

Citations

  1. California Vehicle Code § 13557 (administrative review of APS action).
  2. California Vehicle Code § 13558 (APS hearing procedures and rights).
  3. California Vehicle Code § 13353.2 (APS suspension for BAC at or above legal limit).
  4. California Vehicle Code § 13352 (court-triggered suspension upon conviction).
  5. Helmandollar v. Department of Motor Vehicles (1992) 7 Cal.App.4th 52.