Can my DUI chase be thrown out if my blood test comes back clean and I blew all zeros?

You can be under the influence of other drugs that would not show up in a blood or breath test. Just because these tests came up negative for alcohol does not get you an automatic dismissal.

Blew all zeros? That just means your drug of choice wasn't alcohol, in the prosecutors eyes. Since it wasn't a blood test, you have no way of re-testing it to prove no drug use. CAN the charges be thrown out? Sure. Is that likely, just because you want it? No. Arrests can never be thrown out. It is now part of your record. You have described a case where the prosecutor will proceed on DUI from drugs other than alcohol, and seek conviction on the officer's testimony as to your condition and driving. Your word and testimony about how well you thought you did, is essentially irrelevant. As you can imaging, most defendants deny being guilty. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Very possibly. But for more in depth guidance, you should contact a criminal defense attorney.

It depends, V.C. section 23152(a) charges you with driving under the influence of alcohol or DRUGS. If the police find drugs in a blood test then you can still be prosecuted. Our firm has been representing individuals accused of? Felony and Misdemeanor crimes for over 23 years. We represent clients in LA, Orange, Riverside, and Ventura counties. Both my partner and I are State Bar Certified Criminal Law Specialist (only approximately 300 in the entire State of California) and named "Super Lawyers" in LA Magazine. But more importantly over 70% of our new cases come from referrals from our previous clients, other lawyers, judges, police officers, and prosecutors looking for great representation for their friends and loved ones.

If you blew all zeros and the blood came back clean, then the DA will not file charges, it would be a waste of their time.

Depending on the police report and the officer's statements/testimony, your DUI charges should be dropped, provided your blood test comes back clean for both alcohol and drugs. Blowing zeros on a breathalyzer (depending on the breathalyzer being used) may help in a DUI involving alcohol, but will not help in a DUI involving drugs. If you have not already done so, I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze you case and advise you of your options.

Yes on the DUI if you have proper representation. No on the arrest record.

Almost certainly not. It's a popular myth that the prosecution must have blood alcohol concentration (BAC) evidence to convict you of DUI. In California, there are two DUI statutes: 23152(A) (driving under the influence) and 23152(B) (driving with a BAC of .08% or higher). It's only for the (B) count that they must have BAC results. They can still convict you of the (A) if they can convince a jury that (1) you drove, (2) you were under the influence, and (3) your judgment was impaired such that you could not safely operate a motor vehicle. You should consult an attorney right away to protect your rights.

Yes. No. You need to petition the court for a finding of factual innocence PC 851.

Under 23152 (a) they could still proceed as under the influence of drugs or alcohol.

If the police only arrested you for dui alcohol. If they believed you were under the influence of a controlled substance, the the charges will remain. They would have requested a blood test for drugs in addition to alcohol if that was their theory. Then there will be no evidence to DUI. The arrest will not be removed from your record unless you file a motion to seal the record because you were factually innocent. You will have the burden of proving factual innocence beyond a reasonable doubt.