There are a number of potential defenses that can be raised in a given drunk driving case.the majority of drunk driving defenses can be broken down into the following areas:
1. "He wasnt driving"
In this defense, intoxication is not enough -- the prosecution must also prove that the defendant was actually driving.
2. Probable cause:
In a drunk driving case, evidence will be suppressed if the officer did not have legal cause to stop, detain, and arrest.
3. Implied consent warnings:
If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may affect admissibility of the test results
4. Miranda rights:
Incriminating statements may be suppressed if Miranda warnings were not given at the appropriate time.
