CanI beat a DUI case if nothing was in my system but found cocaine in the car? 8 Answers as of August 20, 2013

I did a road test walk the line in stuff officer said I failed the test so he could search my car. He did not blow me but instead got blood and urine. The test came back clean. Is there anyway I could get my case thrown out for illegal search?

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Ellis & Abouelsood | John Danelon
If you failed the sobriety test, even if you actually were clean on your blood and alcohol, there may be enough to support reasonable suspicion, which could allow for a valid search of your car.
Answer Applies to: California
Replied: 8/20/2013
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Yes, it is certainly possible to beat a DUI case if there was no alcohol or drugs in your system. I don't actually think that DUI charges would even be filed in your case. Sounds like at a minimum though, they will be charging you with Possession of drugs or a more serious felony charge depending on the amount of cocaine they found in your car. Whether the evidence can be suppressed based on an illegal search or lack of probable cause to pull your car over in the first should speak to a criminal defense attorney in your area in more detail about your case. At that point they can advise you if that is a strong possibility or not.
Answer Applies to: California
Replied: 8/19/2013
Law Offices of Eric J. Bell | Eric J. Bell
If this occurred in Illinois. Possession of Cocaine is a lot more serious than DUI. DUI is typically a misdemeanor while possession of any controlled substance other than marijuana is a felony.
Answer Applies to: Illinois
Replied: 8/19/2013
Attorney at Law
Attorney at Law | Michael J. Kennedy
I haven't heard anything there that suggests an illegal search, but if you didn't have drugs in your system, you can't be found guilty of DUI-drugs, obviously.
Answer Applies to: California
Replied: 8/19/2013
Law Office of Paul Carmouche | Paul J Carmouche
Yes, you can especially if there is video of the field sobriety tests which you should have passed.
Answer Applies to: Louisiana
Replied: 8/19/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    You should not be charged with DUI - if no substance that could impair you was found in your system. However- you most likely would be charged with simple possession, if the search could be thrown out depends on what the officer will testify to, if you gave him consent to search- then no. If you did nit give consent to search, it would depend on what reasons the officer gives for the search.
    Answer Applies to: Colorado
    Replied: 8/19/2013
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Depends on whether the claim you failed the test is supported by enough to establish probable cause to search. If the cop claims you were driving impaired under the influence of drugs, none were found, then his claim is questionable.
    Answer Applies to: California
    Replied: 8/19/2013
    Law Office of Robert E McCall | Robert McCall
    Impossible to say without having discovery materials. In my jurisdiction a defendant without an attorney will lose 99.9% of the time.
    Answer Applies to: Florida
    Replied: 8/19/2013
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