How to Get DUI Charges Dropped in Ontario

In Ontario, in addition to being charged under the Criminal Code for Impaired Driving, Ontarians can face serious penalties under the Highway Traffic Act that can cause financial, employment and immigration hardship.

In this article, we explain the legal grounds for getting your DUI charges reduced, minimized or dismissed.

Legal Grounds for Dismissal of DUI Charges

There are legal reasons that would justify the dismal of DUI charges in Ontario based on improper conduct of the police that violates your rights. These include.

• Lack of Reasonable Suspicion for the 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. If you think there is no reasonable suspicion for your traffic stop, you may attempt to challenge the validity of this stop.
• Improper Administration of 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.
• Faulty Breathalyze or Blood Test: Like any technology, breathalyzers and blood tests need to be maintained to work properly. If they are not maintained correctly, 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.
• Violation of Charter Rights: The Charter sets out your rights and freedoms before and after your arrest. If the police fail to abide by these rights deliberately or inadvertently, it could aid in your defence. If any of your Charter rights have been violated before or after your arrest, you may be able to have some or all of the evidence that the Crown is relying on to secure a conviction excluded under s. 24(2) of the Charter.

Steps to Take After Being Charged

Being charged with a criminal defence can be frightening. A DUI in particular can be quite shocking due to the immediate consequences that can result. To protect yourself, there are a few steps that you should take after being charged:

• Seek Legal Representation: Given the technical nature of a DUI charge, and to ensure that your rights are protected, make sure to seek out an experienced DUI lawyer who can assist you with your matter.
• Document the Incident: The police and the Crown will provide you with their suspected series of events in an information package called Disclosure. As your story may differ, documenting everything about the incident becomes very important. This includes documenting the timeline of events, interactions with police and any witnesses who could testify in your favour.
• Follow Legal Advice: Lawyers come with a wealth of experience navigating the criminal justice system and court process and can represent you during trial. It is thus important to follow any advice they provide you about the process.

Legal Defences to Consider

Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting a DUI charge.

• Challenging the Stop and Arrest: 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 the Evidence: 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.
• 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, 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.
• Rising Blood Alcohol Defence: One possible defence is the rising blood alcohol defence. Blood alcohol can change greatly in a short amount of time. It is thus possible that while your BAC was below the legal limit while driving, it is above the legal limit during testing. If this defence is applicable to you, it can be argued that you were not driving while impaired at an illegal level.

Procedure Errors and Technicalities

An experienced DUI lawyer in Ontario will also look to see if there are any procedural or technical errors that occurred during the investigation or charging process that can be used in your defence. These can include:

• Errors in Police Reports: The Crown will provide you police reports in disclosure in addition to body worn camera from the police. If there is a discrepancy between what is on the report and in the video, the video could be challenged.
• Chain of Custody Issues: Chain of Custody refers to the custody of blood or urine samples. It is important that proper procedures are followed during the analysis of these samples, as any contamination could make it so the results are inaccurate due to cross-contamination with someone else’s urine or blood.
• Improper Handling of Evidence: If evidence is not handled properly, it may be difficult to link it back to you, or to accept the accuracy of what the evidence is saying. If you or your lawyer notices that evidence was handled improperly, make sure to challenge this evidence in court.

Role of a DUI lawyer

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.

Conclusion

In conclusion, a DUI is a serious charge with immediate consequences. DUIs can be challenged based on legal grounds such as faulty tests or a violation of your rights. There are also legal Defences such as medical conditions or the rising blood alcohol defence. DUIs can also be challenged based on procedural errors.

It is important to seek importance for a DUI charge given the consequences and technical nature of the defences involved. It is important for you to understand your rights when facing DUI charges, and there is no one who can better assist you with this than an experience DUI lawyer.