Chances of Winning a DUI Case in Ontario (Can I Actually Win My Case?)

A number of factors may influence one’s chances of winning a DUI case most of which is dependent on the ability of the lawyer to gather and present evidence that is strong enough to persuade the Crown’s prosecution to drop the case, settle for a plea bargain, or substantial enough to convince the presiding judge to acquit the offender or reduce the sentence.

One such factors is challenging the breathalyzer test results and the blood alcohol concentration.

An experienced and skilled lawyer, familiar with local DUI laws, the judges, and common strategies can assist you to defend your rights.

For instance, an experienced lawyer may wish to question the legality of the traffic stop especially where the offender was not issued an implied consent notice before being subjected to any tests, or if there were no justifiable reasons for the traffic stop.

Common Defences Used in DUI Cases

There are a number of defence strategies that may be employed by a lawyer to win a DUI case. One such strategies is challenging the accuracy of blood tests and breathalyzer results by providing evidence to proof that the Blood Alcohol Concentration (BAC) levels of the offender were within the legal limits.

BAC results can be inaccurate if the breathalyzer is incorrectly calibrated, the equipment is faulty, or there was an underlying medical condition that could result in false positives and affect the validity of the test. Since breathalyzers function by measuring the quantity of alcohol in the lining of the lungs, medical conditions like Gastroesophageal Reflux Disease (GERD), may affect the validity of the results.

Furthermore, a rising blood alcohol content argument can be raised as an argument against BAC above the legal limit, as well as evidence that the observed impairment which resulted in the traffic stop may have been as a result of other conditions not related to DUI such as anxiety or fatigue on the part of the driver.

A lawyer may also want to question the legality of the stop especially where there were no legal grounds warranting the traffic stop.

This could also apply where an implied consent warning was not issued to the driver before any tests were conducted, or where the rights of the offender as outlined in the Canadian Charter of Rights and Freedoms were not read to the offender or were violated in course of the arrest.

The Role Of A DUI Lawyer In Increasing The Chances of Success

To get the best outcome from a DUI case, it is of paramount importance that the services of an experienced DUI lawyer are employed as s/he will bring their expertise on the case, as well as knowledge of the applicable laws, court proceedings and plausible defence strategies to secure a win, to the case.

Hiring a skilled lawyer can assist in identifying weaknesses in the Crown’s case as well as adopting the right procedures to challenge the prosecution’s evidence against the driver.

An experienced lawyer, with knowledge of the judges and prosecutors and how they operate within the area, can also play a significant role in determining the strategies employed to increase the chances of success in the case.

Potential Outcomes Of A DUI Case In Ontario

A DUI case in Ontario can result in a variety of outcomes depending on the peculiarities of the case. In some cases the lawyer may be able to secure a withdrawal or dismissal of the charge. Getting the crown to withdraw the charge means putting an end to all criminal proceedings against the offender.

This usually happens at the pre-trial phase if the crown decides that it does not have enough evidence to prosecute the offender, or an agreement has been reached for plea bargain. A case dismissal which is similar to withdrawal of charges occurs during trial or after trial if the crown is unable to prove the facts of the case beyond reasonable doubt, or the evidence presented against the offender is not substantial enough to secure a conviction.

Another possible outcome of a DUI case is that the case goes to trial and the offender is not found guilty and is consequently acquitted of all charges by the presiding judge.

In instances where the Crown has substantial evidence against the offender, the defence may decide to strike a plea bargain with the prosecution for a lesser charge.

Realistic Expectations: What Is Considered A Win In A DUI Case?

Winning a DUI case happens when the defence is able to secure the most favourable outcome given the facts and circumstances of the case. A win in this light does not only mean a full acquittal, dismissal or withdrawal of charges, but could mean a range of things depending on the gravity of available evidence.

Apart from being fully acquitted of the charge, or getting the charge withdrawn, the defence may also be able to secure a reduced charge for careless driving. A careless driving charge may be easier to negotiate when the driver is a first-time offender. There are many mitigating factors such as low BAC levels or mental health issues that can aid in your defence.

Frequently Asked Questions About Winning A DUI Case In Ontario

How long does it take to resolve a DUI Case?

A DUI case can last between one month to a year and six months depending on the specifics of the case as well as the presence or absence of aggravating factors such as damage to property or loss of lives.

What are the costs involved in fighting a DUI Case?

The amount of money involved in fighting a DUI case is dependent on the facts and complexities of the case, experience of the legal representative, location of the DUI, any external expenses such as enlisting the services of expert witnesses like a doctor, as well as general court fees. The cost also depends on the billing method adopted by the Lawyer (Flat rate, or hourly).

The general cost for a lawyer will usually fall between $10,000 – over $20,000 for flat rate billing depending on the level of experience of the lawyer.

Is it worth contesting a DUI charge or should I plead guilty?

Contesting a DUI charge is a lot more advantageous than an outright guilty plea for a number of reasons. Apart from the economic benefits of contesting the plea which usually proves to be the less expensive option, the prospect of living with a criminal record, serving jail term, license suspension, and other economic and social restrictions and hazards that could come with a guilty plea, far outweigh whatever benefits may have been prospected.

Furthermore, there may be flaws in the Crown case which could allow an experienced lawyer negotiate better terms for the driver, such as withdrawal, dismissal, or a reduced sentence. However, even after a guilty plea a lawyer may still be able to negotiate a lesser penalty for the offender.

Contact Defend Your DUI

Winning a DUI in Ontario goes beyond full acquittal, but encompasses any form of favourable outcome on the case including a reduced sentence, withdrawal or dismissal of charges, as well as a plea bargain for a provincial offence rather than a criminal offence.

An experienced lawyer is best suited to negotiate an outcome on your behalf. The best time to act is now. Book a free consultation today.