Yes, it is possible to drop a DUI charge due to lack of evidence. However, a person is charged with a DUI because of the alcohol found in her system while driving or she displayed symptoms of impairment, not that alcohol was found in the vehicle.

Answer Applies to: California
Replied: 9/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Obviously, if there is insufficient evidence then a case should not be issued in the first place or it should be subsequently dismissed or you should be acquitted. However, if the case was charged then an issuing DA clearly thought there WAS sufficient evidence. That said, there will be a chemical test that shows whether you were under the influence. You talk about "the driver" in the third person so I am a bit confused as to whether YOU were the driver. However, consent is not required for the search of a car if the officer feels there is probable cause (like smell, usually.) If you were not drinking then, of course, you should plead not guilty. Absent a chemical test showing intoxication such cases are usually not charged. Good luck.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Of course. If you were not the driver (not to mention you didn't have any alcohol), then the case ought to be dismissed, and you should expect no less. The search is a minor issue compared to the no drive issue. Contact a DUI specialist immediately, because you have only 10 days to save your license.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

They couldn'tarrestyou for a DUI. That only applies to the driver. They mayhave charged you with being drunk in public. Toobtain the resultsyou want you need to eitherhire a lawyer or go with the public defender. Good luck. If the charge really is a DUI the judge will laught them out of court.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

DUIs can be dismissed due to lack of evidence. Police officers do conduct illegal searches. However, just because the driver or owner does not give permission does not per say mean the search was illegal. To know if you should plead guilty or not, is determined by the facts. You need to consult an attorney and supply him with all the facts.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, if a defense counsel can convince the Deputy District Attorney working the case that the evidence is lacking the case may be dismissed. Likewise, if enough evidence was obtained, but is thrown out because it was obtained via a illegal search, the case can be dismissed as well. A "Not guilty" plea is usually advised. Review the facts with your attorney.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Some prosecutors do not read police reports carefully enough before they file charges. For the DA to prove DUI, he must prove beyond a reasonable doubt that you were driving the vehicle. If he cannot prove you were driving, no case. The presence of alcohol in the vehicle certainly helps the DA's case but many DUIs do not have alcohol found in the car, because the driver was drinking before he drove, not as he drove. Of course you should plead not guilty.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If you were not the driver of the car, and there is no evidence linking you as the driver (ie. you were a passenger, and it is clear there was another person that was driving the car), then an attorney should be able to get the DUI charges dismissed. For there to be a DUI conviction, there needs to be driving performed by the person who was arrested of the crime. From what you stated, there was never any driving performed by you so the DUI charges should be dropped.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should be discussing this matter with an attorney, in person. Cases can be dropped or be dismissed due to a lack of evidence. Evidence that is unlawfully obtained can be suppressed and thus unavailable. That does not mean the case will be dismissed. If you think there was an illegal search, you need the assistance of an attorney. Suppression motions are not something you want to do yourself.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If you were not the driver, you cannot be charged with a DUI. If you were charged with another offense, i.e. minor in possession or other alcohol offense, then yes. Police need either probable cause or consent to search a vehicle.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If you were not the driver, as it appears you were not, yes the charges of a DUI could/should be dismissed. If not at least plead not guilty. However be certain it was a DUI, and not an open container or other similar violation. As far as the illegal search of the car, that may be a separate issue from the DUI charge, more the search would address an open container or MIP type allegation. Based on a non-driver, arrested for DUI, merely because alcohol is present scenario, you have to plead not guilty!

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, but you wont be able to do this alone. At the very least, request to have the public defender appointed. There are a number of legal issues that go along with claiming an illegal search. However, beyond that, was the car ever in motion? In California, there has to be some movement of the vehicle in order to convict of DUI. You should speak to an attorney about the circumstances and the possibility of suppressing the evidence. The DA WILL NOT drop the charges just because you say so, there will have to be a contested hearing on the issue.

Answer Applies to: California
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.