Can You Get A DUI Reduced To Careless Driving in Ontario

Impaired driving, or driving under the influence (DUI), is a serious criminal offence under Section 320.14 of the Criminal Code of Canada. A driver can be charged with DUI if they are found to have operated their conveyance while impaired by alcohol or drugs.

Penalties for a DUI conviction depend on whether an individual was convicted summarily or by indictment. However, the consequences can be severe, ranging from a minimum fine of $1,000 up to 10 years of imprisonment. DUI charges can also lead to licence suspension, increased insurance premiums, and a criminal record.

In contrast, careless driving is a traffic violation, not a criminal offence, under the Highway Traffic Act. A driver may be charged with careless driving if found operating their vehicle without attention and due care or without reasonable consideration for other road users.

So can a DUI be lowered to careless driving in Ontario? The answer is yes. An individual charged with DUI may seek to reduce their offence to careless driving to lower penalties and legal consequences.

Difference Between DUI and Careless Driving

An individual can be charged with DUI if found operating a vehicle while impaired by drugs or alcohol. Police can determine impairment by using a breathalyzer device. A blood alcohol concentration (BAC) level greater than or equal to 80 mg of alcohol in 100 mL of blood constitutes impairment. If the police suspect drugs were involved, a drug test may be administered to determine impairment.

DUI is a criminal charge. The penalties depend on whether the Crown elects to prosecute summarily or by indictment. An individual convicted of DUI can face licence suspension, a criminal record, significant fines, and potential jail time as outlined below. Depending on the specifics of the case, an offender may face additional penalties such as mandatory participation in educational programs, installation of an ignition interlock device, and substantial increases in insurance premiums.

Section 320.19 (1) of the Criminal Code of Canada specifies DUI penalties as follows:

Minimum Penalties for Both Summary and Indictment Convictions:

• First- time offenders: Minum $1,000 fine
• Second-time offenders: Minimum 30 days imprisonment
• Subsequent offences: Additional 120 days imprisonment

Maximum Penalties:

• Summary: Maximum fine of $5,000 or up to 2 years less a day of imprisonment
• Indictment: Maximum of 10 years imprisonment

Careless driving is a traffic offence under the Ontario Highway Traffic Act. An individual can be charged with careless driving if they operate a vehicle without due care and attention or in a manner that endangers other road users. However, as it is a traffic offence rather than a criminal offence, the penalties are significantly less stringent as those of a DUI offence.

Why Consider a Reduction to Careless Driving

A careless driving charge may lead to a more favourable outcome as compared to a DUI conviction. For instance, a careless driving charge does not result in a criminal record, which can protect employment and travel opportunities. Fines for careless driving range from $400 to $2,000, and imprisonment can be up to six months. While insurance premiums may increase with careless driving charges, the rate hikes are generally lower than those for DUI convictions. A probation order may be granted in lieu of a licence suspension, allowing an offender to continue driving with certain restrictions. Unlike DUI convictions, a careless driving offender will typically not face mandatory participation in educational programs or the installation of an ignition interlock device.

With no criminal record, lower fines, fewer demerit points, and a shorter licence suspension (with the possibility of a probation order instead), a careless driving charge is often less stringent on an offender and may be preferred to a DUI conviction. Contact us to book a free consultation to discuss options for how to reduce your DUI charge to a careless driving offence.

Factors That Influence Whether a DUI Can Be Reduced

Various factors can influence whether a DUI charge can be reduced to a careless driving offence. The strength of the evidence against an individual may be challenged to seek a reduction to a careless driving offence. For instance, the police conduct tests such as drug tests or the use of breathalyzers to determine an individual’s BAC levels. If an individual’s BAC levels were barely over the legal threshold of 0.08%, the Crown prosecutor may be more inclined to reduce the DUI charge to careless driving, as a lower impairment is associated with a reduced risk to public safety. Inconsistencies in police reports or evidence that lacks clear impairment may also increase the likelihood of a charge reduction.

Police officers must adhere to Charter rights during all stages of the arrest. If at any point during or after an arrest an individual’s Charter rights have been infringed upon or procedural errors occurred during the arrest, any evidence gathered by the police may be excluded at trial. This can aid in reducing a charge to a careless driving offence.

For first-time offenders, DUI reductions are more common, as a lack of a prior DUI history may be seen as an anomaly rather than being viewed as a pattern of behaviour, which is often associated with repeat offenders.

If the offender was cooperative during the arrest, the Crown prosecutor may be more open to negotiating a reduction to the DUI charge. Additionally, a lack of aggravating factors, such as no accidents, injuries, or minors present in the car, can contribute to a more lenient judgement.

Reducing a DUI charge to a careless driving offence is a complex process, which is why hiring an experienced DUI lawyer is crucial to increase your chances of obtaining a favourable outcome. Contact our office to discuss your DUI case with our knowledgeable criminal defence lawyers and learn more about how we can help.

Legal Strategies to Achieve a Reduction to Careless Driving

It is important to hire an experienced lawyer to handle your DUI charge. Our skilled DUI criminal defence lawyers implement various legal strategies to build a strong case for obtaining a reduction to an individual’s DUI charge. Our lawyers recognise that each case is unique, which is why they carefully examine all the evidence for each case and curate a strong legal strategy to ensure the best possible outcome.

The following are some of the effective legal strategies our DUI lawyers implement to achieve a reduction to careless driving offences:

• Challenging The Legality of the Traffic Stop:
  • When conducting traffic stops, police officers should have a reasonable suspicion for stopping an individual. They also must adhere to the rights outlined under the Charter during all stages of the procedure. If there is evidence of a lack of reasonable suspicion or any Charter rights violations, this legal strategy may be successfully implemented to obtain a reduction.
• Questioning the Accuracy of Breathalyzer or Drug Test Results:
  • The police conduct a series of tests when determining an individual’s impairment. This can include the use of a breathalyzer device to obtain a BAC level or the administration of a drug test. If calibration errors, improper administration, or alternative explanations such as medical conditions arise, this legal strategy may be applicable to question the accuracy of the level of impairment of an individual.
• Negotiating With The Prosecution:
  • A skilled criminal defence lawyer may present various mitigating factors, such as a lack of prior DUI records, employment consequences, or weaknesses in evidence, to negotiate with the Crown prosecutor for a reduction of a DUI charge to a careless driving offence.

Working With an Experienced DUI Lawyer

Achieving a favourable outcome begins with hiring an experienced DUI lawyer to handle your case. Our DUI lawyers are equipped with the skills necessary to develop a strong legal strategy aimed at obtaining a reduction for your DUI charge. A skilled lawyer will be able to identify any weaknesses in your case, which they can then use to effectively negotiate with the Crown prosecutor.

Additionally, hiring a local DUI lawyer is vital as they will be familiar with Ontario’s legal system. Our DUI lawyers understand the Ontario court system, equipping them with the necessary tools to achieve a favourable outcome. Our knowledgeable lawyers will also be able to answer any questions you may have regarding the legal process.

A lawyer who has a proven track record will come with a higher likelihood of achieving a better outcome for your case. Successful lawyers with proven experience in handling DUI charges will be better equipped to reduce your offence. Get in touch with one of our experienced lawyers to discuss your options for obtaining a reduction to your DUI charge.

Possible Outcomes When a DUI Is Reduced to Careless Driving

Achieving a reduction from a DUI charge to a careless driving offence can significantly reduce penalties and legal consequences. The most significant benefit of reducing a DUI charge is there will be no criminal record. This can protect an individual’s employment and travel opportunities.

Typical fines associated with a careless driving offence range between $400 to $2,000. This is a substantial difference compared to DUI fines, which start at $1,000 and can reach up to $5,000. However, a careless driving offence will result in being given 6 demerit points. Insurance premiums may also increase, but will generally be lower than those associated with a DUI conviction.

An individual may also face licence suspension under a careless driving offence, although the length of the suspension is usually shorter than under a DUI conviction. There may even be a possibility of obtaining a probation order with driving restrictions in lieu of a driving suspension.

Conclusion

Achieving a reduction from a DUI charge to a careless driving offence can be highly beneficial. A careless driving offence does not result in a criminal record, and fines are generally lower, with reduced jail time and lower insurance hikes.

Hiring a knowledgeable DUI lawyer who is familiar with the Ontario legal system will improve your chances of achieving a favourable outcome. Our experienced DUI lawyers will implement Ontario DUI charge reduction strategies and work diligently to secure a DUI reduction. Contact our lawyers to discuss your case and start working towards securing a DUI reduction.