Construction workers, general labour, tradespersons, plumbers, welders, roofers, electricians DUI charges in Canada.

Employers of those who work in general labour and the trades tend to be very strict about DUI conviction records.

Impaired driving related charges (DUI, failure or refusal, over 80) pose a substantial risk to construction and general labour workers if convicted in court. People who work on construction sites fall under virtually unlimited job categories from general labour, to plumbing, electricians, welders, machine operators, roofers, etc. Regardless of their job title they tend to be very hard workers who take on substantial physical risks at work.

While these “manual labour”/trade jobs are well respected and highly paid in Canada, they usually also require long, difficult and hard work hours. They also involve dangerous working conditions. If an employee is convicted of a DUI this can be viewed as a significant threat and fireable offence by the HR department of their employer.

Construction, general labour, and specialized trades employers have high standards regarding risk liability profiles of their employees. If someone is found guilty/convicted of impaired driving this may cause the employer to fire them not only because they have a criminal record but also because they do not want to be held liable for the accused or a coworker getting hurt on the jobsite (condo, office building, road construction etc.) having known there was a pre-existing risk factor.

The employer is concerned about taking on the liability of the charged DUI employee or their coworkers getting hurt on the job and potential damage to the jobsite in the event of an accident.

When a construction or trade/labourer gets charged with a DUI it is considered a liability for their employer. These jobs often involve very dangerous working conditions and if an employer becomes aware of a potential alcohol abuse problem or criminal behaviour while drunk (such as DUI) this is something that will not be taken lightly. It is a huge potential source of liability for the employer. It is also a huge problem for the employee because if they are convicted they will face at a minimum an automatic criminal conviction record, a fine, and a driving prohibition.

Workers at construction jobsites of all titles worked very hard to get to their professional position in life. They may also have had to invest a significant amount of time in college obtaining the skills required for the job and sometimes to obtain their Red Seal trade certification. Some have spent years working under an apprenticeship gaining experience for the job or climbing the ladder to get to their current position. The jobs themselves are also very demanding and stressful and require an incredible amount of hard physical work.

Sometimes coworkers like to have a few beers at the worksite, especially in the summer.

The problem occurs when they drive home after and get into an accident or someone (such as a coworker who does not like them) calls the police to report what they believe to be impaired driving. Then they get pulled over, put through roadside sobriety testing, receive a demand by the police to blow into an approved screening device (ASD) and are perhaps taken to the police station for a breath sample via the more accurate and court approved intoxilyzer breathalyzer machine.

The person may not have been drunk on the job but got drunk after work. Either way, it is a legal issue for both the accused and their employer. In Toronto, for example, many of the construction jobs involve working at very high altitudes and are extremely dangerous even for someone who is completely sober. Having an employee who has a history of acting criminally while intoxicated by driving drunk is not something the HR personnel of large companies can take lightly.

In Canada everyone is presumed innocent until being proven guilty, including those charged with impaired driving.

This is one of the reasons criminal defence lawyers will always advise people to exercise their right to silence and not try to “tell their side of the story” to the police, their employer, etc. without having an opportunity to review all of the evidence with their lawyer beforehand. When you are in the detainment/arrest process they make it seem like it is a huge rush, or that this is the one opportunity you will ever have to explain yourself and many will try to “talk themselves out of it”.

There is no way to talk yourself out of an impaired driving charge and the large companies that employ construction workers, builders, etc. do not want the liability of knowingly putting someone in a dangerous job/situation who may have a propensity to operate machinery while they are intoxicated or high on drugs.

If you work in a general labour related job and are charged with a DUI offence it is extremely important that you start working on your defence with a criminal lawyer as soon as possible.

How will I know if I am charged with DUI in Canada?

Most people will receive either a Form 9 Appearance Notice, Form 10 Undertaking, or be released from jail on a Form 11 Release Order. The accused will either have already been fingerprinted or have a date for fingerprinting in the future.

In all Ontario cases those criminally charged by the police will have a future court date in the Ontario Court of Justice (OCJ).


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.

---