If you’ve been charged with impaired driving (commonly referred to as a DUI) in Canada, you’re likely feeling a mix of anxiety and uncertainty about what’s ahead. A DUI conviction can carry serious consequences, including hefty fines, license suspension, increased insurance rates, and even potential jail time.
However, it’s important to remember that being charged with a DUI doesn’t automatically mean you will be convicted. There are several ways to have a DUI charge dismissed or reduced, but navigating the process requires a solid understanding of the legal system, effective defence strategies, and often, the assistance of an experienced lawyer.
In this blog post, we’ll explore strategies to potentially get a DUI charge dismissed in Canada, warnings about the consequences of DUI charges, and why hiring the right lawyer can make all the difference.
Understanding DUI Charges in Canada
In Canada, impaired driving charges fall under the Criminal Code. You can be charged for driving while impaired by alcohol or drugs or a combination of the two, or for having a blood alcohol concentration (BAC) at or above the legal limit of 80 milligrams of alcohol per 100 millilitres of blood (commonly referred to as ‘Over 80’).
The penalties for a conviction can include:
– A criminal record
– A fine of at least $1,000 for a first offence
– Driving prohibitions ranging from one year to three years or more
– Potential imprisonment for repeat offenders
– Installation of an ignition interlock device
The consequences can also extend to your personal and professional life, making it important to approach your case with the care and attention necessary to secure a positive outcome.
How Can You Get a DUI Dismissed in Canada?
While every case is unique, here are some of the common strategies I have employed in my practice to get a DUI dismissed in Canada:
Challenging the Legality of the Stop
Police officers do not have to have reasonable suspicion to stop your vehicle. They can stop vehicles to check for sobriety without seeing any ground. However, that does not give them complete authority to just stop anyone for no reason at all.
If the stop was arbitrary and not part of a lawful traffic check or based on an observed Motor Vehicle Act offence, any evidence collected during the stop may be inadmissible in court.
Questioning the Accuracy of Breathalyzer Tests
Breathalyzer machines are not foolproof. Factors such as improper calibration, operator error, or interference from certain medical conditions can lead to inaccurate results. An experienced lawyer can review the maintenance and calibration information that has been provided for the device used in your case and challenge its reliability.
A DUI lawyer may also ask you questions about your medical history to rule out or identify any conditions that could have affected the test.
While there are limits in the Criminal Code for how much one can argue the breathalyzer was inaccurate, there are still nuanced available defences. These defences require the specialized expertise of a DUI lawyer to know what can apply and how to argue it.
Arguing a Violation of Charter Rights
Under the Canadian Charter of Rights and Freedoms, you have the right to be free from unlawful searches and seizures, the right to counsel, and the right to remain silent. If your rights were violated during the arrest or subsequent procedures, it could result in evidence being excluded, potentially leading to a dismissal.
Demonstrating Procedural Errors
DUI cases are highly technical, and police officers must follow strict procedures when conducting roadside tests, administering breathalyzer tests, and documenting evidence.
Mistakes such as improper handling of samples or failure to follow mandatory timelines can weaken the prosecution’s case and can lead to a DUI being dismissed in Canada.
Providing Evidence of Alternative Explanations
Sometimes, physical symptoms associated with impairment (like slurred speech or unsteady walking) can have alternative explanations, such as medical conditions, fatigue, or adverse reactions to medication. Providing credible evidence to support this can cast doubt on the prosecution’s case and can get your DUI dismissed.
Be cautious though – sometimes you may not want to testify for strategic reasons or because your testimony could hurt your case. This is where the knowledge and experience of a DUI lawyer can help you to advance these arguments without having to take the witness stand, by finding other pathways for the admissibility of evidence or to raise a reasonable doubt about symptoms of impairment.
Challenging Field Sobriety Tests
Field sobriety tests are subjective and often prone to error. Poor weather conditions, uneven surfaces, or even nervousness can affect performance. A skilled lawyer can question the validity of these tests and their interpretation by police.
Warning About the Consequences of a DUI Charge
While there are ways to fight a DUI charge, it is important to understand the stakes involved. Even if this is your first offence, a conviction can have far-reaching consequences, such as:
– Criminal Record: A criminal record can impact your ability to travel, particularly if you are not a Canadian citizen, and could impact future employment opportunities.
– Insurance Rates: After a conviction, your insurance rates can skyrocket, and some private insurers may refuse to cover you altogether.
– Professional Consequences: If you hold a professional license or a job requiring a clean record, a DUI conviction could jeopardize your career. This is because in Canada if you do not get a DUI dismissed, there is an automatic criminal record.
– Financial Costs: Beyond fines, you may face additional costs, including legal fees, ignition interlock installation, and increased insurance premiums.
These consequences highlight the importance of mounting a strong defence to avoid or minimize the impact of a DUI charge.
Why Hire a Lawyer to Fight Your DUI?
While it’s technically possible to represent yourself in a DUI case, the complexities of the law make it a risky approach. Here’s why hiring an experienced DUI lawyer is critical:
DUI laws in Canada are intricate and constantly evolving. A skilled lawyer understands the nuances of these laws and can identify weaknesses in the Crown’s case. A lawyer has access to resources, such as expert witnesses, toxicologists, and investigators, to build a strong defence on your behalf.
In some cases, it may be possible to negotiate a plea bargain or reduced charges. An experienced lawyer knows how to approach the Crown effectively to secure the best possible outcome.
If your case goes to trial, a lawyer’s courtroom experience can be invaluable in presenting your case persuasively and challenging the evidence against you.
From the moment you’re stopped by the police, your rights must be protected. A lawyer ensures that any violations of your rights are brought to light and used to your advantage.
Don’t Face a DUI Charge Alone
If you’ve been charged with a DUI, time is of the essence. The decisions you make now can significantly impact the outcome of your case. We’re experienced in defending DUI cases and have a track record of successfully helping clients avoid convictions. From challenging breathalyzer results to protecting your Charter Rights we’re here to guide you every step of the way.
Contact us today for a free consultation to discuss your case and learn how we can help. Don’t leave your future to chance—get the skilled legal representation you need to fight your DUI charge.
A DUI charge is serious, but it doesn’t have to define your future. By understanding the strategies to fight the charge, being aware of the potential consequences, and seeking the help of an experienced lawyer, you can take control of your situation and work towards a favourable outcome. Remember, the sooner you act, the stronger your defence will be.
