Only the criminal court or the prosecutor can drop your DUI criminal charges. The arresting police officer doesn’t have the authority to drop DUI charges once they have been filed. If you’ve been arrested, you’ll be processed, and your case will go before court. Once an arrest is made and criminal charges have been filed with the prosecution, police officers have no jurisdiction over how your case will be processed.
The presiding judge may dismiss your DUI charges based on a mishandling or lack of sufficient evidence against you. Also, the prosecutor may dismiss criminal charges against you based on similar reasons.