Before we get into this topic, it is important to realize that the defense’s strategy in any criminal case — DUI or not — depends entirely on the circumstances and details of that particular case. Each criminal case is going to be unique and different in its own way. Not every defense strategy is going to work or even be viable in a given case.
Having said that, it is understandable for people to think they are “doomed” in the wake of a DUI charge. “The system always wins,” you may think. But to the contrary, there are plenty of cases where a person accused of driving under the influence of alcohol or drugs was cleared thanks to an effective strategy.
One area to focus on with your defense is that actions taken by police officers during your arrest and during the investigation of your case. If the police violated your rights, tried to entrap you or if there were other negligent or illegal acts performed, then your case could be dismissed. In addition, if any of the machinery or equipment used to measure your blood alcohol level was incorrectly calibrated or faulty, then your BAC could be eliminated as a piece of evidence.
There are also extreme cases where astonishing circumstances are involved in the DUI, possibly clearing someone of the charges. For example, if a medical emergency necessitated that a person drive drunk to save someone’s life, or if a person drove drunk under threat of force, then the case against the accused could collapse.
Source: FindLaw, “Defenses to Drunk Driving,” Accessed Feb. 25, 2016