There are several Potential Drunk Driving (DWI / DUI) Defenses. Below I will review a few.
The prosecutor must prove beyond a reasonable doubt that you were driving and that that the driver was intoxicated, it is not enough for a conviction to simply prove intoxication.
Proving operation may be difficult if, as in the case of accidents, there are no witnesses to testify as to whom drove the vehicle.
A judge can suppress evidence, such as statements made by a motorist, physical evidence recovered by the police, results of field sobriety tests and even breath, urine or blood test which would make that evidence unavailable to the prosecutor at trial if the judge believes that the officer did not have legal cause to:
(a) stop your vehicle,
(b) detain you, and
(c) place you under arrest.