Charged last night with DUI in Ontario? Here's what you should know and how we can help you.

If you were charged with a DUI last night you should know that sometimes DUI charges can be dropped and you should not plead guilty to it right away.

Being charged with a DUI from the night before is shocking especially after you sober up. You should contact a lawyer (like us) right away. Some DUI options, such as Stream A or B (Reduced Suspension with Ignition Interlock Conduct) do expire and are time sensitive.

Not everyone is eligible for those problems nor should everyone participate in them even if they are. This is because the person will have to plead guilty and receive a criminal record that shows up on background checks. If the person has no priors (first time offence), obtaining a criminal record can have severe consequences for their career/employment, ability to travel, and immigration status if not a citizen. Charges under CC s. 320.14(1)(a) and/or 320.14(1)(b)) are potentially deportable offences for IRCC.

The good news is that many DUI/impaired driving cases can be dropped or reduced down by the Crown Attorney to the provincial HTA offence of careless driving.

When the accused takes a careless driving DUI deal and the criminal charges are dropped they avoid jail and a criminal record. They will still be subject to a fine (usually $1000 - $2000), insurance issues, and demerit points being placed on their licence. Such penalties are minor compared to a criminal record (conviction).

Your criminal DUI may be able to be reduced down to a non-criminal HTA careless driving charge.

Every courthouse in Ontario has completely different policies when it comes to making these deals to drop DUI charges. The Crown Attorney will primarily look at the strength of their case, the accused's BAC level, prior record (if any), and if any other aggravating factors are present.

If a first timer blows under 100, and there are no aggravating factors to their case (no kids in the car, cooperated, no accident, nobody hurt, etc.) at many courthouses in the Toronto area, there is a pretty good chance the charge can be dropped down to a careless driving. This is not true though for all Ontario courthouses. In some Ontario jurisdictions the Crown will seek a jail sentence even for a first time low reading DUI. The further you get from downtown Toronto, the more "tough on crime" it generally tends to be, but this doesn't mean they have a good case.

If I don’t want to take a deal and/or the Crown is refusing to drop the charges what should I do?

We canvass all options. If the Crown won't drop the charges, many defendants will choose to take their case to trial if they think they will win. There are many ways to fight DUI charges in court. DUIs not “open and shut” cases in Ontario. Unfortunately many accused don't realize this and plead guilty when they shouldn't have.

Most DUI police investigations are not flawless. Problems are often found with the police's conduct. They may have violated your Charter rights or failed to ensure the accuracy of their testing equipment. Maybe you were not in care and control of the vehicle and should not have been charged to begin with.

A lot of people have their DUI charges dropped or are found not guilty after a trial. Maybe the Crown is bluffing and will drop the charges on the trial date? Some people plead guilty when they could have walked free had they hired a lawyer and defended the charges in court.

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.

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