Tradespeople, pipefitters, welders, plumbers, roofers, crane operators, Red Seal Program (CCDA), oil and gas workers DUI charges

In Canada, manual labour jobs are in extreme demand and are very well paying careers. While some people are self employed, most work for large companies. If a general/manual labour employee gets charged with an impaired driving offence they will automatically receive a criminal record if they are found guilty of DUI by the court. Charges include impaired driving by alcohol or drugs, being over 80 mgs, and failure or refusal to provide a breath sample.

Companies that employ plumbers, pipefitters, and other red seal trades workers generally want to avoid liabilities and risks.

Red Seal Program designated workers must comply with the regulations and rules of the Canadian Council of Directors of Apprenticeship (CCDA).

While the incident leading to the arrest and charges may have had nothing to do with work, if the accused gets a criminal record for DUI their employer may deem them unqualified to work and fire them. HR are afraid that if something happens on the job the company may be sued for being willfully blind or negligent to their employee’s criminal record and/or history of impaired driving.

Depending on the province in which the accused works they may also be subject to regulatory actions from their professional governing body. Many of our clients get charged in Ontario, but actually work in Alberta, British Columbia, Saskatchewan and other provinces in the oil and gas industry.

Those accused often have many years of experience on the job, worked very hard, and have spent time in college obtaining their qualifications. They have a lot to lose if they get a criminal record for DUI.

Some accused live part time on site or at a camp for employees at the job site

While there is a lot of drinking that allegedly goes on at work camps if an employer becomes aware of a conviction of an impaired driving charge this may cause their HR department to reevaluate their employment. Upon a finding of guilt (whether via a guilty plea or after a trial) in Ontario the Judge is bound to sentence the accused to a criminal conviction record. This is because all impaired driving charges are mandatory minimum offences and a discharge is not an available option for the court.

Those who reside at work camps and work as welders, pipefitters, geologists, plumbers, and other red seal trades are held to a very high standard by their employers.

The problem for those who work in the trades and get convicted of impaired driving is that it will show up on all employment background checks and may cause them to be fired or be refused on job applications in the future. Oil sands and gas companies cannot take the risk of having someone living and working at the worksite/camp that has a criminal record for an offence that may indicate a propensity towards being impaired at work.

From the perspective of the employer, if the employee has been proven in court to drink and drive (commit a criminal offence), they may drink on the job and cause a risk or harm to themselves, other employees, or the public at large. They do not want such a liability.

Just because you get charged with impaired driving, over 80, or failure or refusal to provide a breath sample does not mean you will be found guilty.

The good news is that just being charged with a DUI related offence does not mean you will be found guilty in court. Sometimes the charges can be dropped (withdrawn), reduced to an HTA traffic offence such as careless driving which is not criminal, or result in an acquittal at trial. A lot of people plead guilty because they assume they have no other good options when in fact they do.

DUI cases are highly technical and sometimes the police make mistakes that can raise a reasonable doubt at trial. This is not to say the Crown Attorney will always drop the case if there are triable issues. They may not agree, feel the public would like to see the case go forward, or may want to compromise to a non criminal HTA offence in exchange for dropping the Criminal Code impaired charges.

In cases where the Crown refuses to drop the charges or reduce them this still does not mean the accused will be found guilty after a trial.

DUI charges are some of the most litigated in Ontario because there are often issues that may lead to an acquittal in front of a Judge. No case is “open shut” so to speak.

The law and case law (court decisions) constantly evolves and there are myriad ways to contest the guilt beyond a reasonable doubt of the accused. This can involve the treatment of the accused upon arrest, Charter rights, the evidence collection, technical issues with the BAC testing procedure, care and control, and more.

For the most part, the results of criminal court cases are permanent. It is always in your best interest to consult with a lawyer if you are charged with a DUI related offence prior to making decisions about what you should do. This is especially true for trades, red seal, and general labour workers because they usually work in dangerous stressful work environments for employers that are extremely concerned about liability and criminal records.

In addition to employment problems, a criminal record for DUI can cause problems with a person’s immigration status with the IRCC if they are not a Canadian Citizen (student, work permit, PR) and prevent them from travelling to the USA and other countries in the future.

If you have received a Form 9 Appearance Notice, Form 10 Undertaking, or Form 11 Release Order for an impaired driving related offence give us a call today for a free consultation.


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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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