What to do if charged with a DUI but there no traces of alcohol or marijuana on my person?

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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 9 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.


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