Charged last night with DUI / impaired / over 80

Being charged with an impaired driving offence (s. 320.14(1)(a) and/or 320.14(1)(b)) is a difficult thing to accept the next day after you sober up. The most important thing you should do is contact a lawyer right away because certain potential resolution options in Ontario, such as Stream A or B (Reduced Suspension with Ignition Interlock Conduct) do expire after a certain period of time.

Not everyone is eligible for those problems nor will everyone want to participate in them even if they are. This is because the person will have to plead guilty and receive a conviction which is a criminal record. If the person has no prior criminal record (first time offence) getting a record is a substantial loss for them and may have severe consequences in terms of their employment, travel, and immigration status.

The good news is that many DUI/impaired driving cases can be dropped or reduced by the Crown Attorney to the provincial offence of careless driving. While there are still fines (usually $1000 - $2000), a negative impact on insurability and insurance rates, and demerit points being placed on the person’s licence this is nothing compared to the problems associated with a Criminal Code conviction which carries an automatic criminal record and possible jail sentence.

Will I be able to get my DUI criminal charges dropped down to HTA careless driving (non-criminal offence)?

Every courthouse in Ontario has completely different policies when it comes to making these deals to drop the charges. The Crown Attorney will primarily look at the strength of their case, the prior record (if any) of the accused, and the intoxilyzer breath reading. 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 necessarily true for all Ontario courthouses though and in fact at some courts the Crown will normally seek a jail sentence even for a low reading first time DUI.

If I don’t want to take a deal and/or the Crown is refusing to drop the charges what should I do? When you hire a lawyer to represent you all options are canvassed and in DUI cases many times the defendant will choose to take the case to trial. There are many, usually technical, ways to fight a DUI charge in court. DUI cases are not “open shut” matters by any means.

Everything from the behaviour of the police, the Charter rights of the accused, the accuracy of the testing equipment, the intent of the accused (care and control) is subject to scrutiny.

There are a lot of people who are ultimately found not guilty in impaired cases. Sometimes the Crown is also bluffing and will choose not to proceed on the trial date but there is no way of knowing this for sure without setting the case down for trial and awaiting that date.


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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