Top 2 Legal Defenses for Fighting DUI Charges: 1. DUI Breath Test Errors: DUI breath tests are subject to a wide range of errors. These include (but are not limited-to): instrument malfunction, improper handling by the police, your physiological conditions (such as GERD or your diet, and even outside environmental factors (such as radio frequency interference). 2. Rising Blood Alcohol (BAC) as a DUI Defense: Unlike mouth alcohol, the DUI defense of "rising blood alcohol" is relevant regardless of whether you took a DUI breath test or a DUI blood test. Alcohol takes a certain amount of time (typically between 50 minutes and three hours) to absorb into your system. So let's say you recently finished drinking and got in your car for a short drive. An officer pulls you over, arrests you and takes you to the police station for a DUI chemical test. If your blood alcohol was still rising at the time you were arrested, the chemical test results will show a higher BAC than the one you had when you were actually driving. Your BAC at the time of your blood or breath test is irrelevant--what is relevant is what your BAC was at the time you drove. An understanding of the concept of rising blood alcohol can form the basis of a defense to DUI charges.