If you failed a field sobriety test or a DUI breathalyzer test, in most cases, you will be charged and arrested for driving under the influence. If this has happened, then you need to find an appropriate attorney to help you with your DUI case. The right attorney will tell you about some of the typical DUI defenses and which one is best to work for you. Some of the most typical defenses in DUI cases are: Insufficient evidence for an arrest – in most cases the arresting officer’s observations determine if you will be arrested or not. There are many telltale signs of driving under the influence, such as slurred speech and blood shot eyes. These telltale signs and observations are personal opinions which don’t hold up well in court. Blood shot eyes can mean a lot of things – such as allergies, and your attorney can argue that in court. Being arrested even though you weren’t actually driving – This defense is common when you are pulled over by a police officer while you were getting into your vehicle, while you were stopped at the side of the road or when you’ve just gotten home. Many of the states will allow a police officer to arrest you without having seen you driving while intoxicated, however other states require that the officer prove that you were driving in order for the conviction to hold. Illegal traffic stop or illegal procedure – A police office has to have probable cause to pull you over and if they don’t then the stop is illegal and the driving under the influence charge may be dropped. With that said, if the police officer pulled you over for another, unrelated violation, he or she does not require probable cause to question you if you have been drinking. There are also a variety of sobriety checkpoints on the roadways and anyone can be stopped in those without cause. If you are not given your Miranda rights, you may or may not be able to invalidate a breathalyzer or DUI test. Rising Blood Alcohol Content – The law states that a person is guilty of driving under the influence if their blood alcohol content level is above the limit at the time they are driving, not at the time the test was taken. Alcohol takes time to saturate your blood stream and you may be below the legal limit when you are driving, but it may rise by the time you take the test, even 10 minutes later. This defense works better the longer the time is between being stopped by a police officer and taking the breathalyzer test. Improper testing – The most common test for blood alcohol content are breathalyzer tests, blood and urine tests. If they are improperly used, they can negate the test results completely. Even if you don’t think that any of the above standard defenses will be applicable to you and your DUI case, you should contact a lawyer that specializes in DUI law to see how they can help you with your case.