There are numerous defenses and issues that can be raised in a DUI case. Some are complex legal issues where there is extensive caselaw. Many of the same issues can be raised at the MVA hearing.

For example, a breathalyzer test must be administered within two hours of the Defendant's arrest. If it is administered beyond two hours, it is inadmissible. There could still be other evidence used to attempt to convict the Defendant.

In addition, the Defendant must be observed for 20 minutes continuously before the breathalyzer test can be done or it is inadmissible. This is to be sure that the Defendant does not have food, gum, or anything in his mouth that can affect the test.

There may be an issue of whether the Defendant was "driving" the vehicle at the time of the accident. The court will look at whether the motor was running, where the Defendant was in the vehicle (behind the driver's wheel or elsewhere in the car), whether the Defendant was awake or alseep, whether the car was legally parked, among other factors. This issue arises frequently where the Defendant was passed out or alseep in the car on the side of the road.

A defendant must be properly advised of his right to take or refuse the test. This is done by reading or having the Defendant read the DR-15 form. The police officer cannot mislead the Defendant to cause him to take or refuse the test and must allow the Defendant to speak to an attorney if one is requested.

There may be an issue of whether there was a reasonable ground to stop the Defendant in the first place. If the Defendant is driving the speed limit and not swerving, the police officer must have another reason for the stop.

There must also be a reasonable basis to ask the Defendant to do field sobriety test. This may include smelling alcohol on the Defendant's breath, the Defendant slurring his words, or the Defendant stumbling.

The good news is that there is almost always bodycam video of the entire interaction. There may be an issue of how the Defendant did on the field sobriety tests. The judge can watch the field sobriety tests in deciding whether the Defendant was under the influence.

There are many other defenses that can be raised in a DUI case. Every case is different and must be analyzed to determine the best trial strategy.