Facing a DUI charge can be daunting, but it’s important to know that you have the right to defend yourself against the allegations. The best defence for a DUI depends on the specifics of your case, including the evidence, police conduct, and any mitigating circumstances. A strong defence can potentially lead to reduced penalties or even a dismissal of charges. Here’s an overview of common DUI defences and why hiring a lawyer is crucial.
Common Defences for DUI Charges
Challenging a DUI charge involves exploring various legal defences to undermine the Crown’s case. Each defence targets a specific aspect of the investigation, evidence, or procedure, ensuring that your rights are upheld and that any weaknesses in the case against you are addressed.
Disputing Breathalyzer Results
Breathalyzer machines are highly sensitive and must be properly calibrated and maintained to ensure accuracy. If records show improper calibration or maintenance, or if there is any other evidence of malfunction, the reliability of the breathalyzer results can be called into question. This can provide grounds to challenge the evidence against you.
Medical Conditions
Certain medical conditions, such as acid reflux or diabetes, can produce false positives on breath tests. These conditions may cause the presence of mouth alcohol or other factors that interfere with the test’s accuracy. Providing medical evidence to explain the discrepancy can effectively refute the validity of the test results.
Improper Police Procedure
Police officers are required to follow strict protocols during a DUI investigation. For example, they must inform you of your right to legal counsel and ensure that any tests administered comply with established procedures. If the police fail to meet these obligations, it can undermine the evidence they gather and, in some cases, result in the dismissal of charges.
Rising BAC Defence
The rising BAC defence is based on the timing of alcohol absorption in the body. This argument suggests that your blood alcohol concentration (BAC) was below the legal limit while you were driving but rose above the limit after you were stopped due to later consumption of alcohol. By presenting evidence that supports this scenario, you can challenge the accuracy of the BAC reading at the time of driving.
Be careful though: this argument is not permitted in criminal cases for DUI in Canada unless the alcohol was consumed after driving and at a time where there would be no reasonable expectation that a person would be given a breath test.
Violation of Charter Rights
Any violation of your rights under the Canadian Charter of Rights and Freedoms, such as unlawful detention, an illegal search, or failure to provide you with timely access to legal counsel, can lead to the exclusion of evidence. A successful Charter challenge can significantly weaken or even dismantle the Crown’s case against you.
No Evidence of Impairment
Even if your BAC was above the legal limit, the Crown must prove that your ability to drive was impaired. If they fail to establish a clear link between your BAC and actual impairment of your driving ability, you may be acquitted. This defence emphasizes that the mere presence of alcohol does not necessarily equate to unsafe driving.
By carefully analyzing the circumstances of your case and the evidence presented, a skilled defence lawyer can identify and leverage these defences to pursue the best possible outcome.
How a Lawyer Builds a DUI Defence
An experienced lawyer will tailor your defence to the specifics of your case. Here’s how they approach it:
1. Reviewing Evidence:
Your lawyer will request and analyze all evidence, including police reports, dashcam footage, and breathalyzer maintenance logs.
2. Identifying Weaknesses:
They’ll look for procedural errors, inconsistencies in the evidence, and any violations of your rights.
3. Engaging Expert Witnesses:
In complex cases, a lawyer may call on toxicologists or other experts to challenge the Crown’s evidence.
4. Negotiating with Crown Counsel:
Even if the case against you is strong, a lawyer can negotiate for reduced charges or penalties, such as a plea to careless driving instead of a DUI.
Why Hiring a Lawyer is Important
Defending against a DUI charge requires a deep understanding of the law, court procedures, and scientific evidence. Lawyers understand the intricate legal and procedural requirements that can make or break a case.
The use of a lawyer’s advocacy skills can benefit your case. Lawyers spend years honing their craft in legal advocacy and argument. They can present compelling arguments to judges and juries, cross-examine witnesses, and challenge evidence effectively.
A lawyer works to minimize the long-term impact of a DUI charge on your life, including its effect on your criminal record, driving privileges, and insurance rates.
The best defence for a DUI depends on the unique circumstances of your case. Whether it’s challenging the traffic stop, disputing test results, or highlighting procedural errors, a skilled lawyer can build a strong defence to protect your rights. If you’re facing a DUI charge, don’t navigate the legal system alone—consult a lawyer to explore your options and fight for the best possible outcome.
