What does a DUI lawyer do?

• What DOES a DUI lawyer do?
• What CAN a DUI lawyer do?
• What DOES a Drunk Driving, Impaired Driving, Refusing Breathalyzer lawyer do?
• What CAN a Drunk Driving, Impaired Driving, Refusing Breathalyzer lawyer do?
• These are great questions that I’m going to answer in this article.
• I’ll start by getting the obvious statement out of the way.
• Every criminal lawyer – whether they are representing their client for a DUI, Drunk Driving, Impaired Driving or Refusing a Breathalyzer – their job is to get the very best outcome for their client.
• But, digging deeper, what DOES a DUI lawyer do to get the best outcome for their client?  
• What CAN an Impaired Driving lawyer do to get the best outcome for their client?

1/  It always starts with the evidence.

• DUI lawyers first need to understand what happened to get the best outcome for an impaired driving client.
• In other words, what’s the evidence that the government will be using to convict you?
• You do not need to prove that you are innocent in our legal system.
• In your DUI case, it’s the government’s job represented by lawyers known as the “Crown Lawyers” to prove that you are guilty beyond a reasonable doubt.
• To convict you of your DUI charge, the Crown lawyers will rely on the evidence that the Police have gathered.
• The Crown legally needs to disclose all the evidence they will be using to convict you.
• DUI lawyers always start their job by reviewing the evidence.

2/  We make sure we get ALL the evidence.

• The process of getting your evidence starts at your first court appearance.
• At this court appearance, you’ll get your evidence in a package called disclosure.
• Most clients don’t know that it’s common that you do NOT get all the evidence at your first appearance.
• What you’ll get is the evidence that the Police have.  
• You probably won’t get the evidence you’ll need to properly fight the Impaired Driving or DUI charge.
• So, DUI lawyers will make sure that we get ALL the evidence.
• For example, we’ll get ALL the videos – in the police car and in the jail cell.  
• And we’ll also request a McNeil report.
• In many cases, the key to getting a good outcome will lie in the evidence that the Crown didn’t give you when you got your disclosure package.

3/  We will analyze the evidence for opportunities.

• Once we get ALL the evidence, then we do a deep dive into the details as they relate to the applicable laws.
• At this stage, we’re looking for opportunities.
• For example, if there was a breathalyzer machine, which model was used? Was the unit properly calibrated? Who was the technician who operated the machine? Were they properly trained and qualified?
• Or for example, we’ll look to see if there were any violations of your rights under the Charter of Rights and Freedoms.
• We’ll do this by analyzing the timeline from your very first interaction with the Police until the time the Police released you from custody.
• We’ll compare that timeline and what happened to all the rules that the Police have to follow.  

4/  We will engage in discussions with the Crown.

• One of the most important jobs that a DUI lawyer has is to engage in discussions with the Crown.
• And, assuming the lawyer has done a good job analyzing the evidence, they will be able to enter that discussion with clarity about getting the best outcome.
• Another key factor is knowing that court and having relationships with the crown lawyers.  
• DUI lawyers who are experienced often HAVE those good working relationships.
• And when those relationships are combined with their detailed understanding of the evidence and the law, it usually leads to the best outcome and the way forward in your case.