I can’t have DUI/impaired driving/over 80 charges on my record. How can the charges be dropped?

Unlike many other criminal charges like assault, theft, fraud, and mischief, Judges do not have the ability to sentence an offender who is found guilty to anything but a criminal record in a impaired driving case. This is because the Criminal Code provides a mandatory minimum punishment for the offence of a fine of $1000 even under the lightest of circumstances. A fine is a criminal record (conviction) in Canada and the court cannot sentence a DUI offender to an absolute or conditional discharge if there is a mandatory minimum sentence prescribed by law.

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

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


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

A criminal defence lawyer’s job is to try to get the charges dropped without a trial but this depends on the opinion of the Crown Attorney.

Sometimes it is simply not possible to convince the Crown to reduce the 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 is different though in Ontario. At some even a BAC reading of 110 may be able to be reduced while at others a reading of 90 will be fully prosecuted and they will seek a jail sentence for even a first time offender.

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. Generally more senior Crowns are more willing to agree to drop DUI charges than junior ones who are concerned about making a mistake but this is not true in all cases.

Furthermore, an accused does not have control over which Crown Attorney will be assigned to their case. Prior to COVID-19, at some courthouses, lawyers could indirectly pick and choose who to deal with (limited and not guaranteed), but now most cases are assigned automatically or pre-trials have to be booked in advance without any ability to choose.


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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