Do you need a lawyer if you want to plead guilty to your DUI?

• Do you still need a lawyer if you want to plead guilty to your DUI charge?
• Getting charged with Impaired Driving is incredibly stressful, both in your personal and work life.
• And what makes this stress even worse is that the legal process you have to go through may take a long time. Months, even over a year.
• And having to move forward with your life knowing that you have a serious legal charge in waiting is incredibly difficult.
• That pressure — that stress — will often lead people to plead guilty just because they want to “get it over with.”  
• They want to move forward with their lives without a DUI charge hanging in the balance.
• And in these situations, I always say, “stop.”  
• Take a step back and consider these 3 factors.

1/  The case against you may not be as strong as you believe

• People who want to plead guilty to a DUI use this logic.
• You know you had alcohol in your system. You drove. And you got caught.
• If you know this, then for sure, the Crown lawyers that are prosecuting your Impaired Driving case are going to know this too.
• So, you’re going to lose anyway.  
• Why not get it over with so you can get on with your life.
• The problem with that logic is that the case against you may not be as strong as you believe.
• The way our legal system works, is that the responsibility for proving the DUI charge lies with the Crown lawyers. 
• In other words, you do not need to prove you are innocent.  
• The Crown needs to prove you are guilty beyond a reasonable doubt.
• And, the reality is, you don’t know what evidence the Crown has.
• To prove a DUI case involves a lot of moving parts that you are likely not aware of.  
• And if there are any issues in any one of those moving parts, the reality is that the evidence may not be as strong as you believe.
• So pleading guilty may not be the best decision for you to take.

2/  If the Police made a mistake, your charge might be withdrawn. Even if you’re guilty.

• Your rights are protected by the Charter of Rights and Freedoms which is part of the Canadian Constitution.
• The Charter lists out a series of rules that the Police must have followed from the first time they pulled you over until they released you from custody.
• If any of these rules were not followed, then that would weaken the case against you.
• The reality is that these rules are often complex.  
• And the Police are human, and they make mistakes as we all do.
• If the Police made a mistake, that would open an opportunity to either get your charge withdrawn or potentially reduce the severity of the penalties that you’re facing.

3/  A DUI lawyer may be able to get your penalties reduced

• When a DUI lawyer gets involved in your case, they will be able to get your penalties reduced in many situations.
• An experienced DUI lawyer will have relationships with the Crown lawyers and know the Judges involved with your case.
• They know how these Crown lawyers think. They know how these Judges think.  
• And they know what their priorities are and what is possible in regards to penalties.  
• That knowledge is critical in getting penalties reduced.  
• And ultimately, getting a much better outcome than if you had dealt with your case without a DUI lawyer’s help.