How to beat a DUI/impaired driving charges and get them dropped (withdrawn)

DUI cases normally involve highly technical criminal defence strategies in Ontario. They often involve disputing the accuracy of the Intoxilyzer readings, the behaviour of the police in conducting the arrest, and the constitutional (Charter of Rights and Freedoms) rights of the accused. When we take on an impaired driving case the first step is to analyze the disclosure (evidence) that must be provided by the Crown to identify the weaknesses in the case. We will then present these weaknesses to the Crown Attorney as it may be enough to get them to drop the charges or reduce them to a careless driving (non-criminal HTA offence).

The dropping (withdrawal) of the charges is the best possible outcome for the accused because they will not get a criminal record and do not need to take the risk of possibly being found guilty after a trial. If the charges cannot be dropped and the accused loses at trial the Crown Attorney (prosecutor) will seek a tougher sentence such as jail than if the accused chose to resolve their case beforehand. As such, the first step is to try to get the charges dropped without going to trial.

It is solely up to the Crown Attorney whether they agree to drop DUI charges or not.

This means that even a Judge cannot legally force the Crown to drop the charges. While a Judge does not have control over this their opinion is highly relevant to the Crown. Sometimes a lawyer will set a case down for a meeting with the Crown, a Judge, and sometimes the Police Officer in Charge of the case (OIC) in a process called a Judicial Pre-Trial (JPT). If the Judge, after hearing the comments of the defence lawyer, is of the opinion that the Crown should drop the charges they may suggest this which may be enough to persuade the Crown to do so.

Every courthouse is different but Crowns generally do not want to offend or annoy Judges who often work primarily at one courthouse (the same one they work at). They will have to appear before the same Judge everyday and therefore want to keep relations on a positive level. Furthermore, Judges in Ontario are experienced former lawyers whose legal opinions are considered to be on the highest level. It is their job to make decisions and rule on the law.

While they do not technically have control of the Crown, if a Judge agrees with the defence lawyer that an impaired charge should be dropped this is an opinion that will normally work hugely in the accused’s favour and often lead to the Crown changing their mind and dropping the case (or reducing it to an HTA Careless Driving charge).


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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