Here are 3 things you need to know about getting out of a DUI on a first offence.
1/ Can you get a DUI charge withdrawn on a first offence?
It’s possible.
A Crown lawyer representing the court is only permitted to proceed with the DUI charges against you if these two tests are passed.
Test #1: Is it in the public interest to pursue the DUI charges against you?
- The Crown acts on guidelines from the Attorney General of Canada.
- From a public policy perspective, the Crown is obliged to prosecute DUI cases. This sends a message to the public that driving under the influence of alcohol or drugs will not be tolerated.
Test #2: Is there a reasonable prospect of a conviction?
- The Crown can only pursue the charges against you if there is a reasonable prospect of a conviction.
- It’s your job, or your Lawyer’s job, to raise doubt in the case against you.
- If those doubts rise to the level that there would be no reasonable prospect of a conviction, then the DUI charges against you would get withdrawn.
<h62/ If you have a clean criminal record, will your first DUI charge be withdrawn?
No.
The fact that you have never been convicted of a crime does not matter.
The fact that you are an outstanding citizen does not matter.
- The only way the DUI charges against you will be withdrawn is in the event there are significant problems in the Crown’s case.
- And, these significant problems are so severe that there is no responsible prospect of a conviction. Only then will the DUI charges against you get withdrawn.
3/ If your charges are not withdrawn, can you avoid a criminal record on a first DUI charge?
Maybe.
It depends on the facts of the case.
- The Crown will decide on the way they want to pursue your DUI charge.
- While the Crown will not want to withdraw your case, they may decide to pursue your case in a non-criminal manner which means you would avoid a criminal record.
- This decision depends on the facts of your case.
- The more problematic your case is (such as if an accident occurred or if the breathalyzer reading was very high), the less likely you will avoid a criminal charge.
Let me end by stressing the importance of taking your time when deciding how to proceed in your defence.
Make sure you understand everything that’s going on with your case to make the best decision for your future.
What does it mean to get charged with a DUI or Over 80 charge in Ontario?
The most common drunk driving charge is a DUI charge known as an Over 80 Charge. This means that the Police believe you were operating a vehicle with an alcohol level greater than 80 mg of alcohol per 100 mL of blood.
What does it mean to get charged with Refusing Breathalyzer in Ontario?
This means that the Police believe you refused to take a breathalyzer test. There are two situations in which the Police lay this charge.First, where the Police believe you have refused to take the breathalyzer test. Or second, where the Police believe that you pretended to blow into the breathalyzer machine.
