A DUI charge in Ontario usually begins with a roadside stop, often prompted by a RIDE program, Mandatory Alcohol Screening (MAS) or routine traffic stop.
If a police officer smells alcohol or sees signs of impairment, they will ask for a breath sample. If you fail or refuse the roadside test, you’re arrested for impaired driving.
Can You Fight a DUI? – Yes
You can fight a DUI charge in Ontario, and many individuals do. Whether you win depends on the evidence, the procedures followed by police, and your legal strategy. Ontario courts treat DUIs as criminal offences, and the Crown must prove its case beyond a reasonable doubt. This opens the door for your lawyer to challenge police conduct, test results, or timing.
In some cases, charges can be dropped altogether if the Crown fails to provide disclosure or bring the case to trial within 18 months. This time limit is set by the Supreme Court’s Jordan decision. You can apply to have your charges dismissed if the delay wasn’t your fault. Many DUI cases have been thrown out because of Crown delays or missing police notes and video files.
How Do You Defend Against a DUI?
Defending against a DUI charge involves challenging the evidence, reviewing police procedure, and exploring legal options for resolution. Your lawyer’s first step is to review the disclosure package from the Crown, which includes breath readings, officer notes, and video footage. If the documents show errors or missing details, these gaps can form the basis of your defence.
The most common defences target the way the police handled your arrest. Police must follow the law precisely. If they didn’t make a lawful breath demand, didn’t have the device at the time, or delayed too long, the test results may not be allowed in court. Inaccuracies in machine calibration or operator errors can also lead to dismissal of evidence.
When the readings are low (under 120 milligrams) and no accident occurred, the Crown may agree to resolve the case as careless driving. This avoids a criminal record. Public interest and your personal background—such as no prior record—also influence this outcome.
Defence lawyers may also file Charter applications to exclude evidence. These applications argue that your rights were violated, such as the right to counsel or the right to be free from unlawful search and seizure. If the court agrees, the main evidence—like breath results—can be thrown out.
If the case proceeds to trial, the steps are as follows:
- Crown pretrial: Your lawyer meets with the Crown Attorney to discuss the case and propose resolutions.
- Judicial pretrial (if needed): A judge may help narrow issues for trial in more complex cases.
- Trial scheduling: Your trial date is set, typically 3 to 12 months after the initial suspension.
- Trial: Evidence is presented by both sides. Police officers and witnesses testify, and your lawyer cross-examines them.
You have options throughout the process. Some people plead guilty early to reduce their licence suspension. Others fight the charge entirely. You should speak with a lawyer who focuses on DUI cases—not just general criminal law—so they can identify where the Crown’s case might fail.
Should You Hire a Lawyer for Your DUI? – Yes
You should hire a lawyer if you’re facing a DUI charge because the legal process is technical, time-sensitive, and has serious consequences. A DUI is a criminal offence, and the Crown must follow strict rules to convict you. A lawyer who understands these rules can find errors or missed steps that you may not recognize on your own.
A lawyer helps protect your rights from the beginning. When you’re detained, the police must inform you of your right to speak with counsel. They must also provide access to a lawyer once you’re at the station. If they fail to do this properly, the evidence they gather may not be admissible in court. A lawyer can identify these kinds of issues and act on them.
DUI defence is a specialized area. You should look for a lawyer who deals primarily with drinking and driving cases—not general criminal law. These lawyers know how to interpret breath test results, cross-examine police officers, and negotiate with Crown Attorneys. They also know what to look for in police notes and calibration records from breathalyzer machines.
During your first meeting, a good lawyer will ask about the location of the stop, whether you had the keys, and how long it took for police to make the breath demand. These details can make the difference between a conviction and a dismissal or reduction. A lawyer who shows interest in the specific facts of your case is more likely to build a strong defence.
How Much Does a DUI Lawyer Cost?
The cost of hiring a DUI lawyer in Canada generally ranges from $5,000 to $20,000, depending on how complex the case is. Simpler cases with clear resolution paths, such as a guilty plea or a deal to reduce the charge, tend to be on the lower end. Complex cases that go to trial or involve multiple court appearances cost more.
Several factors affect the total legal fees:
- Number of court appearances required
- Volume of disclosure materials to review
- Whether Charter applications are filed
- Length and number of trial days
- Need for expert witnesses or technical reports
In addition to legal fees, you may also need to pay for:
- Paralegal or assistant support costs
- Independent toxicology or calibration reports (in rare cases)
If you plead guilty, you may still spend around $5,000 in total legal fees, plus fines, taxes, and administrative charges. If you fight the charge all the way to trial, especially over several days, your legal costs can climb closer to $20,000.
Lawyers may offer payment plans or fixed-fee arrangements, especially if you’re dealing with a standard first-time charge. You should ask about fees, billing methods, and the likely duration of your case at your first meeting so you can make an informed decision.
Consequences of Getting Charged with a DUI
Getting charged with a DUI in Ontario brings serious and immediate consequences—even before you’re convicted. As soon as you’re charged, your driver’s licence is suspended for 90 days. You also face vehicle impoundment, towing fees, and administrative penalties from the Ministry of Transportation.
If you’re convicted, the penalties are much harsher. A first conviction results in:
- A minimum one-year licence suspension
- A fine between $1,000 and $5,000
- A criminal record
- A requirement to complete the Back on Track program ($894)
- Installation of an ignition interlock device (9 to 12 months)
- An $850 licence reinstatement fee
- A 30% tax on the court-imposed fine
The full cost of a conviction, including all administrative penalties, education programs, and interlock costs, usually totals around $5,000. These numbers don’t include indirect consequences like job loss, missed work, or increased insurance premiums.
Insurance companies may treat a DUI like a criminal conviction even if it’s reduced to careless driving. A roadside suspension or MTO record showing a warning range violation can also lead to higher premiums. Insurance providers typically review your driving record over the past three years, so these consequences can last long after your case ends.
Some careers may be permanently affected by a DUI conviction. Employers who require a vulnerable sector check or commercial driving licence may refuse to hire you. Truck drivers, school bus operators, and others in regulated industries are especially vulnerable. In some cases, even a careless driving plea can be enough to disqualify someone from returning to work.
If you’re planning to travel, especially to the United States, a DUI charge may raise complications. While most simple DUIs without injury or jail time don’t result in a travel ban, the decision is always up to the border official. Some countries have stricter entry rules than others.
A DUI charge also affects your ability to apply for certain licences, pursue some education programs, or pass background checks for housing or credit. Even before a conviction, the charge can create delays, stress, and limitations in your day-to-day life.
X-Copper Specializes in DUIs – We Can Help You
We understand how overwhelming and stressful it is to face a DUI charge. You may be worried about your licence, your record, your job, and what happens next. That’s exactly why we’re here. We’ve helped thousands of people in your position navigate the legal system and move forward with the least possible damage.
We know what to look for, how to challenge errors, and how to negotiate with the Crown when the evidence allows for a better outcome. Whether you’re hoping to avoid a criminal record, reduce your suspension, or fight the charge entirely, we can guide you through every step of the process.
If you’ve been charged, don’t wait. The sooner we speak with you, the more options we can preserve. Contact us today—we’re ready to help.
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