One factual issue in a DUI case is whether the accused person was actually the driver. After a collision involving several occupants, officers may have to determine who was driving, and that identification can be disputed.
Another issue is whether the driver was impaired. A head injury, a medical condition, low blood sugar, nervousness, or fatigue may produce observations an officer interprets as impairment.
A DUI defense should examine the facts and consider alternative explanations for the officer’s observations rather than treating every symptom as proof of alcohol or drug impairment.