There are several defenses to this sort of charge. I specialize in DUI & Reckless Driving Defense Litigation. Accordingly, one example is that the commonwealth's law enforcement is not supposed to stop a citizen on the highways without reasonable suspicion that a crime has been committed. Reasonable suspicion cannot be just anything. It is usually a moving violation. In otherwords, was the accused pulled over for something illegal they did with their vehicle?
This reasonable suspicion must be articulable and precisely describable by the officer, generally statments will not pass the muster in Court. Accrodingly, the articulable description of the conduct of the suspect does not always have to be illegal conduct. Sometimes it can just be odd conduct. For example, stopping in the middle of the road and pausing for a few moments before deciding to turn around.
When driving is inexcusably bad, attorneys should use the prosecution's own tactics for cases with good driving. In cases where there is no bad driving, the prosecution will emphasize the fact that they do not have to prove bad driving in order to convict. They just have to prove intoxication in order to convict. If that is true soo is the inverse. Bad driving is not the focus of the investigation. This assertion can be accomplished with the officer on cross examination.