False DUI Arrest Defence

False arrests are always possible for reasons such as faulty breathalysers, inaccurate sobriety test, or officer bias. You can face serious consequences including fines, licence suspensions and jail time.

This post outlines the common reasons a false DUI can occur, and highly the importance of mounting a strong defence when false accusations occur.

Common Reasons for False DUI Arrests

• Fault or Improper Breathalyzer Tests: Like any technology, breathalyzers and blood tests need to be maintained to work properly. If they are not maintained correctly, are not calibrated, or are administered incorrectly, the results may be inaccurate and result in false results. A defence lawyer may seek out records to determine the maintenance history of these devices to see if false results are possible.
• Inaccurate Field Sobriety Tests: Field Sobriety tests in Canada are called Standard Field Sobriety Tests, or SFST. These tests are standardized and must be given in a specific manner. If the officers engaged in improper conduct during these tests, there is a potential for the test results to be thrown out, or the charges dropped. Further, external factors such as weather or uneven roads may impact performance, along with physical and medical conditions. These factors should be considered in challenging the test.
• Officer Misinterpretation or Bias: Officers are required to have a reasonable suspicion for a traffic stop. A suspicion that someone is engaged in criminal activity must be reasonable to be lawful. This requires more than a mere suspicion and something less than a belief based on probable grounds. It is possible that officers may misinterpret signs such as fatigue or nervousness, and may be influenced by racial or personal biases during the arrest. If you think there is no reasonable suspicion for your traffic stop, you may attempt to challenge the validity of this stop.
• Medications or Medical Conditions: BAC testing isn’t foolproof. Certain medical conditions can effect BAC readings, resulting in false test results. These include conditions such as diabetes, heart diseases, GERD, and hypoglycemia, acid reflux and more. If you suffer from a medical condition, make sure your lawyer is informed so they can bring this up in your defence.

Steps to Take Immediately After a False DUI Arrest

• Document Everything: After the incident, make sure to make notes of all the important details, such as the location, officer behaviour, and test results. If anything seems off, make sure to write it down so you don’t forget.
• Contact a DUI Lawyer Immediately: A DUI lawyer who is experienced and familiar with the caselaw is invaluable when dealing with a DUI charge. The sooner you can retain a lawyer, the quicker you’ll be able to deal with the charges against you.
• Preserve Evidence: Maintaining evidence from the day of the incident will be important when trying to address matters in court. As such, make sure to keep records of any available video footage, witness testimony, or medical records.

Legal Defences for False DUI Arrests

• Challenging the Legality of the Traffic Stop: You have various rights during a traffic stop and arrest. Make sure to review the sequence of events with your lawyer to ensure that the traffic stop was made with reasonable suspicion, and that you were provided all your Charter rights upon arrest.
• Questioning Test Results: Most DUI charges involve BAC testing. This testing is not foolproof, and improperly calibrated machines can lead to false results. Make sure yourself and your lawyer do not take breathalyzer and blood test results at face value, and seek out confirmation of the calibration of these machines.
• Raising Reasonable Doubt: In Canada, you are considered innocent until proven guilty, and guilt must be proved beyond a reasonable doubt. As such, raising a reasonable doubt about available evidence will be important in proving your innocence. Highlighting inconsistencies in the officer’s testimony or lack of corroborating evidence is thus vital to your defence.
• Using Medical and Scientific Evidence: Various medical conditions can affect your BAC levels, as discussed above. Understanding these conditions and providing medical documentation to show you suffer with them will be important for your defence.

Proving Officer Misconduct or Rights Violations

There are various steps required to prove that an officer engaged in misconduct during an arrest.

• Lack of Probable Cause: You first must establish that an arrest was made without proper legal grounds. Any evidence obtained from such an arrest will be unable to be used in court. The Crown is required to prove that there is probable cause, or what is more commonly referred to as reasonable and probable grounds, in court.
• Violation of Rights Under the Canadian Charter: You also may wish to consider to argue that your Charter rights were violated depending on the circumstances of your arrest. This may include unlawful search or seizure, which you could argue if the search was extreme or conducted due to an arrest made with lack of probable cause. You may also want to argue that you did not have access to legal counsel.

The Role of a DUI Lawyer in a False Arrest Defence

When fighting a DUI charge, there are numerous advantages to hiring a criminal defence lawyer. A lawyer will provide you with legal advice before they charge you, which will allow you to determine if you would like to continue with their services. A lawyer can also protect you against self-incrimination by allowing you to navigate your conversations with law enforcement. A lawyer will gather evidence, interview witnesses, and retain expert witnesses if necessary to help you reach the best possible outcome. Lawyers also come with a wealth of experience navigating the criminal justice system and court process and can represent you during trial.

You can expect to pay anywhere from $5,000.00 to above $20,000.00 for a DUI lawyer. Defence lawyers often bill a flat fee instead of hourly, though both are possible. Inquiring with your lawyer as to their price structure is an important step in understanding what you will be paying. It is important to hire an experience DUI lawyer when navigating the court process, as these lawyers will have experience engaging defences that can best help you secure the results you seek.

Potential Outcomes of a False DUI Arrest Defence

• Case Dismissal: Your case can be dismissed due to insufficient evidence or procedural error. The case may be withdrawn completely or stayed, meaning the Crown can recharge you within a year.
• Acquittal in Court: You may be found not guilty after a trial after presenting a solid defence of your innocence.
• Plea Bargain: Instead of trial, you may alternatively try to reduce charges to a non-criminal offence, such as careless driving, or negotiation fine amounts under the offence you are charged with. Note that some charges have a mandatory minimum fine.

Conclusion

A DUI is a serious offence with potential penalties including fines, licence suspensions and even imprisonment. In addition, those with a DUI will have a criminal record which can effect employment and travel. DUIs can be falsely issued due to faulty breathalyzer, inaccurate field sobriety tests, officer bias and medical conditions. It is important to find a DUI lawyer in Ontario who can guide you through the process after arrest and help find the defences that best assist you in your situation to avoid the consequences of a false DUI conviction.