Is it legal for the DUI to pick up my case without any evidence against me? 10 Answers as of February 02, 2012

Your question is confusing. A "DUI" is an acronym in the legal community for " Driving Under the Influence" of alcohol and/or drugs. As such, your question doesn't make sense. If you want to write it again and make it a little more clear perhaps I can answer it for you. I will say this: before any charges are filed by the DA there has to be evidence of a crime. That can be eyewitness witness statements only, however. There does not have to be forensic evidence, such as fingerprints or DNA. More often than not, the accused incriminates himself by talking to the police, disregarding the age-old advice of lawyers to remain silent. So, the best thing for you to do is to seek the advice of a good criminal defense attorney, and if questioned by the police, ask for your lawyer and remain silent!

If you know that you are under suspicion and may be charged you need an attorney. The sooner you can get your attorney working on the case for you the better it is for you and your case. If, as you say, there is no proof then charges should not be leveled on you. However, sometimes the authorities will take a week case to scare a defendant into making a plea for a lesser charge.

It's not clear what you mean by the DUI "picking up" your case. If by this you mean the District Attorney is prosecuting you for DUI and you don't believe they have any evidence, you should consult an attorney right away or consult the public defender if you cannot afford an attorney. The District Attorney has virtually unbridled authority to charge whomever they want regardless of the evidence or lack thereof. While a Magistrate Judge will have to approve for the case to move forward, the standard is very low. I've seen cases go forward on the flimsiest evidence imaginable. Only an attorney can look at all the facts in your case and advise you on strategy and tactics going forward.

First, you need to sit down, relax , take a deep breath and rewrite your question. It is incecipherable in its present form. Other than that, as it sounds criminal [DUIs are criminal actions], hire an attorney and do not talk to anyone other than the attorney about your case.

Aside from drunk driving what is a DUI supposed to be.

Your question is a bit unclear. DUI stands for "Driving under the Influence." Are you being charged with a DUI? (ie. you are being charged with a DUI with an enhancement of having a minor in the car at the time?) Or were you trying to refer to an arresting or government agency that is bringing charges against you. And if so, what charges?

When you say DUI, I think you mean D.A. also known as District Attorney. As to whether the D.A. can file charges the short answer is that the DA can file anything they want as long they do not file a charge that they know to be false and they have a motive other than justice in filing. You should speak with a criminal defense lawyer ASAP.

I am unsure what exactly happened but the DA cannot bring a case against someone unles thay have probable cause to do so. Further, you will have a preliminary hearing (in a felony case) to prove that they have enough evidence to bimd you over. In a misdemeanor, you can fight the probable cause in many ways.

Hire a DUI specialist. Doing this yourself will achieve nothing but a guilty conviction.

"...the DUI picked up your case..." Read your ticket and appear where specified within the time stated. If you have gone to court and been "read your rights" that means the District Attorney has charged you with the DUI. You should have been given the "discovery" at that time. If you got nothing, call the D.A.'s office and say you want all the "discovery."That will include the police report stating the reasons you were cited.