Can DUI/impaired/over 80 charges be reduced to careless driving in Canada?

Each province has different laws and policies with regard to impaired driving charges. This is because the Criminal Code has given them the range to propose alternative measures (diversion) to certain people who are charged. Someone charged with impaired driving in BC often has a much different process and options to consider than someone charged in Ontario. We operate throughout all of Ontario where DUI law is extremely harsh compared to some other parts of the country that have established programs that some people can participate in and avoid a permanent criminal record.

In Ontario, the accused’s lawyer may be able to get the criminal code charges dropped in exchange for a guilty plea to a Highway Traffic Act (HTA) provincial offence such as Careless Driving.

This is not guaranteed and there is no established set of rules of procedures for it as there may be in other provinces. Sometimes convincing the Crown to drop a DUI charge down to a careless driving involves poking holes in the evidence (disclosure) of the case or demonstrating that the level of impairment was relatively low and that it would not be in the public interest for the accused to receive a criminal record.

In Ontario, Crown Attorneys at each courthouse assess the eligibility to be offered a reduced HTA/careless driving offence in exchange for dropping the criminal impaired driving charges differently. Generally speaking, the further the case is from Toronto the more difficult it is to make such a deal.

At some courts in Ontario someone who blows under 100 mgs will likely be offered to have the charges reduced to a careless (non criminal offence) where at others the Crown may be seeking a jail sentence and permanent criminal record (this includes sentences of a Criminal Code "fine").


Call us today.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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