Each DUI case is different but since most DUI defenses are similar due to the laws put in place, the majority of DUI defenses can be broken down into similar areas as listed below.

Driving. Being intoxicated is not enough, the prosecution must prove that the defendant (you) were also driving. In some cases this can be difficult to prove. For example, if there is an accident and there are no witnesses to prove that you were the driver of the vehicle.

Probable cause.

If the police did not have legal cause to stop, detain, and arrest, all evidence will be suppressed. Roadblocks where they check sobriety often present complex issues.

Miranda.

If Miranda rights were not given at the appropriate time incriminating statements may be suppressed.

Implied consent warnings.

If you refused the chemical test and the officer either did not advice you of the consequences, or if you did take it but it was administered incorrectly, some states, including California, this may affect whether or not the test is admissible as evidence as well as affect your license suspension.

Under the influence. Everything the police officer observed, as well as opinions of intoxication level can be questioned. The circumstances surrounding how the field sobriety tests were given, what the officer considers a fail, can be questioned as well. Witnesses can also testify in court that you appeared to be sober.

Blood alcohol concentration (BAC).

There are a wide range of problems with breath, blood, and urine testing. Breath machines will register many chemical compounds found on human breath, such as mouthwash, and breath fresheners. Radio frequency interference can result in inaccurate readings. It is these and many other defects in the analysis that can be brought up in court during cross examination of the state’s witnesses, or the defense has the option of hiring their own forensic chemist.

Testing done during the alcohol absorptive stage.

A breath, urine, or blood test results will be unreliable if they are done while your body is still actively absorbing the alcohol. The amount of time it takes for your body to absorb alcohol is 30 minutes to 3 hours. This time can be delayed if there is food present in your stomach.

Regulation of blood alcohol testing.

It is up to the prosecution to prove that the breath, urine, or blood tests that were administered complied with the state requirements as to maintenance, calibration, ect.

Everything listed above are things your lawyer will use for your DUI defense.