Winnipeg DUI Lawyer
Last Updated: October 16, 2024
In Winnipeg, there are two main bodies of law that cover driving under the influence (DUI) or impaired driving charges. They are the Criminal Code of Canada and the Manitoba Highway Traffic Act (HTA).
Section 320.14(1) of the Criminal Code states that it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. This is not just limited to alcohol, as you can also be charged for driving under the influence of drugs. Doing either could result in a criminal conviction.
Failing or refusing to comply with a request for a breathalyzer/blood/urine test is also considered a criminal offence in Winnipeg, under section 320.15(1) of the Criminal Code.
Manitoba has some of the strictest laws in Canada when it comes to impaired driving. If you are caught driving with a BAC of 0.05-0.79, which is lower than the federal limit, you could still face harsh consequences. This also applies to driving under the influence of drugs, as well.
If you are charged under the Criminal Code, you could be subjected to penalties like license suspension, vehicle seizure, requirement to take driving education courses, heavy fines, and even jail time. If you’re convicted, you will also have a criminal record, which could impact your employment opportunities, education, travelling, and immigration status. Getting a DUI charge is something that can affect the rest of your life.
If you’re charged with a DUI in Winnipeg, it is important to remember that not all hope is lost – there’s a chance your charges can be beaten. With help from an experienced impaired driving lawyer in Winnipeg, you can have your charges dropped or reduced so you face lesser penalties.
Role of a DUI Lawyer in Winnipeg
Many people believe that if they’ve been charged with a DUI, that they will automatically be convicted. However, this is not always the case. A DUI defence lawyer in Winnipeg can listen to your situation and assess the specific details of your case. They will analyze what happened from start to finish and see what defences could be available to you.
The Crown is required to disclose any evidence they have collected against you. Your criminal defence lawyer will examine this evidence and identify any weaknesses or inconsistencies with it. For example, breathalyzer devices can sometimes yield improper results if they are not calibrated properly. If this is the case, or there are any other issues with the testing device, it could call into question the validity of this key piece of evidence.
Part of a criminal defence lawyer’s job is to make sure that your rights are upheld at every stage of the process, from the moment the police first stops you on the road. There are many moments throughout the investigation that the police could violate your Charter rights. If you were detained arbitrarily, evidence was collected from you unconstitutionally, or if you were denied the right to speak to legal counsel, the judge may find that the police acted contrary to your Charter rights. This could mean that evidence against you may be excluded, which will aid in your defence.
Your criminal defence lawyer can negotiate with the Crown in order to try and have your case dismissed, charges reduced, and the penalties mitigated. However, if you do end up going to trial, your lawyer will craft a defence for you that is based on the individual circumstances of your case.

Qualities to Look for in a Winnipeg DUI Lawyer
Choosing the right DUI lawyer is pivotal if you want the best chance of winning your case. It is important to do research to ensure that you are working with someone who will successfully defend you.
A strong DUI defence lawyer in Winnipeg will have experience working on impaired driving cases and will understand this area of the law well. It’s a good idea to read reviews from past clients, to see how successful they have been with cases like yours and how others in your position have felt about working with them.
Good criminal defence lawyers will be familiar with the laws in Manitoba, and know what to expect from the court system, the prosecution, and the judges. They will have extensive knowledge on the steps in the process, so that they can guide you accordingly.
You want a lawyer who is available for a consultation, to understand your situation and hear your side of events. It is important that you feel that your impaired driving lawyer is communicating with you well and advocating for you meaningfully. A good lawyer will make you feel supported throughout the entire process.
What to Expect During the DUI Legal Process in Winnipeg
Once you have been arrested for a DUI, the police will usually transport you to a police station for further questioning and/or testing. You could be asked to provide a breath/blood/bodily fluid sample at this time. Your fingerprints may be recorded, and your picture might be taken. It’s important to remember that, at this time, even though you have been arrested, you still have right. You are entitled to speak to legal counsel. You also have the right to remain silent, meaning you don’t have to answer the police’s questions. A criminal defence lawyer in Winnipeg can help make sure that your rights are being upheld during your interactions with the police.
Depending on the circumstances of your case and your previous criminal record (if any), you may be held in custody until your bail hearing. You DUI lawyer can help you create a bail plan, to give you the best chance of being released. If you’re granted bail, there may be certain conditions you have to comply with.
You will receive something called a disclosure from the Crown. This is all the evidence the police have gathered that will be used to try and prosecute you. At this stage especially, it is incredibly important that you have an experienced impaired driving lawyer by your side, so that they can review the evidence, challenge its legality, and begin building a defence for you.
There may be a preliminary inquiry, during which your defence lawyer can hear the Crown’s case against you. At this stage, you lawyer can cross-examine witnesses and find holes in the Crown’s case against you, which could result in your charges being dropped.
If the case continues, there could be a trial. It is pertinent to have legal representation at trial –your lawyer will defend you and advocate on your behalf. Both sides will examine witnesses, present their evidence and positions. At the end, the judge will make a decision, which is called a sentencing.
Each step of this process is complex and stressful, especially for someone who is not familiar with the legal system. It would be incredibly difficult to try and understand the law, build a defence for yourself, review evidence and complete many other tasks – while under the stress of facing a criminal conviction.
However, by hiring an impaired driving lawyer in Winnipeg, much of this stress can be mitigated. Your lawyer will explain the law to you, advise you on your case, review your evidence and curate a strong defence for you. With the help of a criminal defence lawyer, it’s possible that you’ll be found not guilty, guilty of a lesser charge, or have your punishment reduced.
Frequently Asked Questions About DUI Charges in Winnipeg
What should I do immediately after being charged with a DUI in Winnipeg?
The best thing you can do after being charged with a DUI is contact an experienced impaired driving lawyer in Winnipeg to help you.
What are the penalties for a DUI conviction in Winnipeg, Manitoba?
The penalties for a DUI conviction will vary based on the circumstances of your case, but they could include license suspension, vehicle impoundment, having to take educational courses before being able to drive again, heavy financial fines, and even jail time. Aside from this, you can face other consequences as well, like having a criminal record. A DUI conviction can have a lifelong impact on you.
How can a DUI lawyer help with my case in Winnipeg?
A DUI lawyer in Winnipeg can provide you with help at all stages of this process. They can give you personalized legal advice, based on the circumstances of your case. They can review the evidence against you, and question is admissibility or legality. An experienced DUI lawyer will make sure your rights are upheld throughout your case, and advocate on your behalf to defend you.
Conclusion
Being charged with a DUI in Winnipeg can be a terrifying ordeal. Manitoba has some of the strictest impaired driving laws in the country. The legal system surrounding traffic laws can be complex and difficult to understand. Having a lawyer on your side can help you ease your stress and have the negative impacts of a DUI charge mitigated. If you’ve been arrested for a DUI, it is crucial that you exercise your right to legal counsel and speak to a qualified DUI lawyer in Winnipeg to aid you in managing your case.