What are the possible defenses to the OUIL/UBAL case?

It is not possible to point to one defense or group of defenses for every case. Depending on the facts of your case, the following defenses may or may not apply.

Improper Stop - If it can be shown that the police did not have a proper cause to stop your vehicle, then the evidence collected after the stop might be thrown out. The legal standard is that the stop must be justified by probable cause or an articulable suspicion that criminal activity was afoot. Of course, notice of a violation of the traffic code, such as speeding or weaving, will provide a sufficient basis for the stop as well.

Improper Arrest - It will be important for your attorney to determine if your arrest was statutorily and constitutionally proper. This is because an improper arrest sometimes lead to the court throwing out the evidence, and ultimately to the dismissal of charges.

Improper Police Procedures Relative to the Chemical Testing - The taking of breath and blood samples is governed by statutes and administrative rules, as well as calibration and maintenance of the testing instruments. If it can be shown that the police did not follow these statutes and administrative rules then the test result sometimes be thrown out. While this is unlikely to lead to a dismissal, it does make the case a better candidate for victory at trial.

Improper Police Procedures Relative to the Field Sobriety Tests - While there are no standardized rules applicable to the taking of field sobriety tests, there are police training manuals and the like that can be used in cross-examination to see that a police officer did not administer the field sobriety test(s) properly. There is also scientific studies that show how inaccurate the field sobriety tests really are. While these facts and circumstances will almost certainly not lead to a dismissal they should help to persuade the jury to view things more favorably for the defendant, and hopefully result in a non-guilty verdict.

Defects in the Charging Documents - Any irregularities in the charging documents and police reports can sometimes be used to call the police officer's credibility to question. The argument to the jury is if the police officer is mistaken as to the direction your car was traveling then perhaps he/she is mistaken as to other facts as well. This is critical since the prosecutor's case usually turns on the testimony of the arresting officer(s).

Suppression of Incriminating Statements - While the courts seem less and less inclined to suppress incriminating statements based on a police officer's failure to read a defendant his/her rights, "non-Mirandized" statements are still sometimes suppressed. If you made admissions regarding how mcuh you had been drinking then ask your attorney to determine if Miranda applies and if these statements will be suppressed.

Increasing Blood Alcohol - In an unlawful blood alcohol case (UBAL) the prosecutor must show that your blood alcohol was over the legal limit at the time you were driving. Thus, if the chemical testing (breath/blood/urine) in your case was not performed until long after the actual arrest (and presumably the act of driving) then you can argue to the jury that these chemical tests results should be given more weight. Expert testimony is usual helpful to drive this point home to the jury.