What to do if charged with a DUI but there no traces of alcohol or marijuana on my person?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if charged with a DUI but there no traces of alcohol or marijuana on my person?
I was pulled over by CHP for a busted tail light on the 110 freeway traveling southbound. My passenger had marijuana and alcohol on his person. I was completely sober and was forced out of my vehicle and forced to do the FST’s by the CHP officer. When the Officer explained how he wanted the FST’s completed his explanations were not lucid. According to him i did not pass them to his satisfaction and I was handcuffed and my vehicle was impounded. My wallet and vehicle were searched without my consent and I was not read my Miranda rights. Do I have a case?
Asked on November 1, 2011 under Criminal Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you were arrested for driving under the influence of alcohol or a controlled substance, you should immediately consult with a criminal defense attorney about the circumstances leading to your arrest, the police report and any test results as to blood alcohol content.
You need to realize that the prosecution bears the burden of proving the charges against you beyond a reasonable doubt. if you are convicted, there could be negative ramifications as to you consisting of jail time, a significant fine, increased insurance premiums for your auto insurance, the suspension of your driver's license and possible impact for future employment and school.
Whether or not you have a defensible case depends upon the opinion of the attorney you consult with.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.