How To Beat a DUI or Impaired Charge in Ontario – Attack the Breathalyzer Machine
- One of the legal strategies to beat a DUI or Impaired Driving charge in Ontario is to attack the breathalyzer machine. In this article, I’m going to explain what that means.1/ What is a Breathalyzer Machine?
- It’s a device that measures the amount of alcohol content in your breath.
- After giving your breath sample, if the output on the device measures more than 80 milligrams of alcohol per 100 milli-letters of blood, you will be facing a criminal charge.
- Specifically, you will be charged under section 253 of the Criminal Code of Canada, which sets out the offence of driving while impaired by alcohol or drug.
- This charge is commonly known as a DUI or Impaired Driving.
2/ Why is this legal strategy effective?
- If there is a problem with the Breathalyzer Machine, then the results come into question.
- In other words, the evidence that the Crown will rely on to convict you of your DUI will be undermined.
- And then, it opens the opportunity to have a good resolution discussion with the Crown.
- Or in some cases, it may be possible to have your DUI or Impaired Driving charge withdrawn.
3/ Look into machine calibration
- One of the common ways to fight your DUI is to look into the issue of breathalyzer machine calibration.
- All Breathalyzer Machines have sensors to detect blood alcohol. And those sensors can be contaminated by substances other than alcohol.
- To prevent that contamination, all Breathalyzer Machines have to be calibrated.
- In its most simplified terms, calibration is the process of adjusting the Breathalyzer Machine’s internal settings by comparing the machine results with a known standard.
- If that calibration is not done on a timely basis, or the settings are not correctly adjusted, that would bring the integrity of the result into question.
- And that would open an opportunity to beat or win your DUI case.
4/ Look for the problems here
- To determine whether the Breathalyzer Machine was calibrated correctly and operated, you need to do a deep dive into the evidence.
- If there are problems with the Breathalyzer Machine, those problems should come out in the evidence.
- That evidence will be provided to you at your first court appearance in a package called disclosure.
- However, be careful because the evidence you get may not be complete.
- And, what’s missing from that evidence may make the difference between winning and losing your DUI or Impaired Driving case.
How can you attack the breathalyzer machine to beat a DUI charge in Ontario?
Attacking the breathalyzer machine can be a effective strategy to beat a DUI charge in Ontario. This involves challenging the reliability and accuracy of the breathalyzer test results. A knowledgeable DUI lawyer can challenge the maintenance and calibration of the breathalyzer machine, as well as the administration of the test by the officer. If successful, the breathalyzer results may be excluded from evidence, which can weaken the prosecution's case and increase the chances of a favorable outcome for the defendant.
What is the key to attacking the breathalyzer machine in a DUI case in Ontario?
The key to attacking the breathalyzer machine in a DUI case in Ontario is to have a knowledgeable DUI lawyer. A good DUI lawyer will have experience with breathalyzer machines and the scientific principles behind their operation. They can review the evidence and circumstances surrounding the test, and identify any potential weaknesses or flaws that can be used to challenge the results. Having a good DUI lawyer can help increase the chances of a favorable outcome for the defendant.
