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Chances of Winning a DUI Case in Ontario

Chances of Winning a DUI Case in Ontario

What Are Your Odds of Winning a DUI Case in Ontario? Understanding Key Factors

Facing a DUI (Driving Under the Influence) charge can be a daunting process. Let’s look at your chances of winning a DUI case in Ontario, including Impaired Driving, Over 80, and Refusing a Breathalyzer test, based on historical data and crucial influencing factors.

DUI Case Outcomes: A Look at the Numbers

Statistics Canada’s data on DUI cases from 2014 to 2019 shows that 47% of cases resulted in a guilty outcome. This figure includes guilty pleas as well as cases that ended in absolute or conditional discharge. Therefore, your odds of winning a DUI case in Ontario stand at around 53%.

Why the General Statistics Don’t Define Your Case

However, it’s critical to note that while statistics can provide a broad overview, they don’t necessarily predict the outcome of your specific case. Each DUI case is unique, with distinct circumstances and variables. Your case will be assessed and fought based on its own merits.

Three Key Factors Influencing Your DUI Case Outcome

Your chances of winning a DUI case primarily depend on three factors.

  1. The Specifics of Your Case: Key details like your alcohol level readings, the presence of an accident, any injuries caused, or the involvement of children significantly influence your case.
  2. Your Criminal Record: If you have a previous criminal record, especially for DUI, it can affect the outcome of your current case.
  3. The Strength of Your Legal Defence: Careful examination of all the facts surrounding your DUI is vital for building a strong and effective legal defence.

The “Win” in Reducing a DUI to Careless Driving

Finally, it’s important to redefine what “winning” a DUI case means. While having your DUI charge withdrawn, dismissed, or being acquitted is undoubtedly a victory, another form of win is getting your DUI charge reduced to Careless Driving. The significant advantage here is that Careless Driving is a charge under the Highway Traffic Act of Ontario and not a criminal charge. Therefore, for many, having a DUI reduced to a Careless Driving charge is considered a winning outcome.

What are the chances of winning a DUI case in Ontario?

The chances of winning a DUI case in Ontario vary depending on the specific circumstances of the case. Factors such as the strength of the prosecution's evidence, the experience of the defence lawyer, and the judge's interpretation of the law can all impact the outcome of a DUI case. It's important to work with a knowledgeable and experienced DUI lawyer to increase your chances of a favorable outcome.

What can I do to improve my chances of winning a DUI case in Ontario?

To improve your chances of winning a DUI case in Ontario, it's important to take several steps. First, it's crucial to work with a knowledgeable and experienced DUI lawyer who can provide guidance and representation throughout the legal process. You should also be transparent about the facts of the case, and provide any evidence or testimony that can support your position. Additionally, it's important to understand the laws and procedures involved in a DUI case, so that you can make informed decisions and protect your rights.

The Ontario DUI Arrest Test

The 60-Second Ontario DUI Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

Do You Want to Keep Driving?
Dan Joffe, lawyer, partner Nextlaw Ontario

My team uses forensic analysis to determine whether your Charter rights were violated. If you have been charged with DUI, book a free call that can change everything

Do you want to avoid a DUI Charge?

My team uses forensic analysis to determine whether your Charter rights were violated. If you have been charged with DUI, book a free call that can change everything

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About Dan Joffe, Partner

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

The Ontario DUI Arrest Test™

The 60-Second Ontario DUI Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.