People charged with DUIs often come up with very creative excuses for being behind the wheel of vehicle while intoxicated. A few can be very effective defenses, but many may do nothing more than cause the judge to raise an eyebrow and may even lead to even worse outcomes. Here are two DUI defenses that may seem reasonable but may not provide the results you want.

You Weren't Actually Driving at the Time of the Arrest

One strategy for defending against DUI charges is to attack them on technical grounds, and a common way a defendant does this is by claiming the arresting officer didn't witness them driving or the car wasn't in motion at the time the cops approached them. The assumption here is that the cops have to actually witness you doing the deed—or at least have evidence you did it—before they can arrest you for the crime.

On the surface, this seems like a very reasonable defense. Unfortunately, it doesn't always play out like you would think in a courtroom. In some states, the cops can still arrest you for DUI even if the car wasn't in motion or turned on at the time. All they need to show is that it appeared you were operating or in physical control of the vehicle at the time. For instance, having the keys in the ignition is enough to justify a DUI charge in some states, even if you were sleeping when the cops found you.

The success of this defense will depend a lot on the circumstances of the arrest and the state where your case is heard. You definitely want to consult with your DUI attorney about the viability of this defense before you use it.

You Were Tested During the Absorption Phase

Another defense that is often used during DUI trials is that the cop tested the driver during the absorption phase. It can take up to two hours for alcohol to be fully absorbed by the body and start negatively affecting the individual. So, when a defendant claims the officer tested him or her during the absorption phase, the defendant is basically saying he or she wasn't actually legally drunk at the time of the arrest.

This is another technical defense that could work depending on the circumstances. In most cases, though, this can hurt more than help you. Police can provide other evidence you were driving while impaired (e.g., swerving, speeding), and the prosecutor can use that to convict you. Thus, using this defense will essentially cause you to confess to consuming alcohol and getting behind the wheel of a car, which only helps the prosecutor.

A criminal defense attorney can help you avoid making these types of mistakes. Contact a lawyer as soon as possible after you're charged with a DUI for assistance.