How to avoid a criminal record (conviction) for DUI charges in Ontario, Canada.

We take all steps possible to keep DUI charges off of your record.

Unlike other types of criminal charges like assault and theft, judges must impose a criminal record (conviction) on all DUI offenders who are found guilty. Absolute or conditional discharges are not sentencing options for DUI offences and the court has no choice but to give you a criminal record (if found guilty). The Criminal Code prescribes that the mandatory minimum sentence for DUI is a fine which shows up as and is considered a criminal record in Canada.

People who get charged with impaired driving offences come from all backgrounds, but most need to avoid getting a criminal record. There are only two ways for this to happen in Ontario:

1. get the Crown Attorney to agree to drop the charges or reduce them to a non-criminal HTA offence (often careless driving), or


2. if the accused is found not guilty and acquitted after a trial.

We always try to get the charges dropped without a trial which is solely at the discretion of the Crown Attorney.

Sometimes it is simply not possible to convince the Crown to reduce DUI charges down or drop them. In cases where the BAC reading is high (over 100) and the police did not make any obvious mistakes in arresting the accused the Crown will normally not drop the charges.

Every courthouse and Crown Attorney in Ontario has different limits as to when they will agree to withdraw.

At some Ontario courthouses a BAC reading of 110 may be able to be reduced down to an HTA charge. At a different courthouse, the Crown will seek a jail sentence for the same reading. Part of our job as lawyers is to present similar case precedents to ensure our clients are being treated fairly.

Not only are courthouses different, Crown Attorneys also have different views and opinions about DUI charges and when or when not to proceed with them. More senior Crowns may be more willing to drop DUI charges than junior ones who are concerned about making a mistake.

An accused does not have control over which Crown Attorney will be assigned to their case, but in some jurisdictions we as lawyers have the ability to speak to specific Crowns of our choosing about your file (who we think will agree with us).

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 throughout all of Ontario, Canada.

Have a skilled criminal lawyer who focuses on defending DUI charges protect you and your future from the consequences of a criminal record.




Are you a lawyer? If you are defending a 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.

---