How do I get out of a DUI first offence? – Part 2

How to get out of a DUI first offence -Part 2 (4 Things You Need To Know)

This article is Part 2 of an important topic, “How to get out of a DUI first offence.”  

You can read Part 1 of the article, here

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1/ Is it possible to get out of a DUI on a first offence?

• The answer is maybe.
• In some cases, it may be possible to get the Crown – who is the lawyer representing the government in your DUI case – to drop your DUI charge in favour of a different charge called, Careless Driving.

2/ Why is this a big deal?

• This is a big deal because Careless Driving is not a criminal charge. In other words, you would avoid a criminal record.
• Careless driving is a charge under the Highway Traffic Act.  
• Now, it’s a serious charge under the Highway Traffic Act, but it is not a criminal charge.  
• So you would avoid the negative aspects, and often, life-changing aspects, associated with a criminal record.

3/ What are the circumstances where a DUI charge may be withdrawn?

• There are guidelines that the Crown must follow when considering dropping a DUI charge to a Careless Driving charge. Generally, these are:
• there was a low blood alcohol reading
• there was no accident
• there was no one hurt in the incident
• there were no children involved in the incident
• you don’t have a criminal record
• you don’t have a highway traffic act record
• you’ve never had any situation where you have blown in the warning range
• And generally, no aggravating circumstances are surrounding the incident
• Finally, it’s important to emphasize that the facts in your case need to meet all these guidelines — not just some of them — to be considered for getting your DUI charge dropped to Careless Driving.

4/ Who is the decision-maker in deciding whether the DUI charge gets dropped?

• Even if your case meets all the guidelines, and even if the Crown agrees to drop your DUI charge for Careless Driving, the Crown is not the decision-maker.
• The final decision-maker in your DUI case is the Judge or Justice of the Peace.  
• He or she will listen to the facts of the case decide whether your DUI case should ultimately be dropped in favour of the lesser charge of Careless Driving under the Highway Traffic Act.