Is It Possible to Have My DUI Charge Dropped After an Admission of Guilt?
Being charged with a DUI (Driving Under the Influence) can be an overwhelming experience. In such situations, individuals sometimes confess to the police that they’ve driven under the influence of alcohol. Essentially, they admit their guilt. Does this mean the end of the road, or is there a chance to have the DUI charge dropped? Let’s unravel this scenario.
Navigating a DUI Charge After an Admission of Guilt
A DUI charge is undoubtedly stress-inducing, and this pressure can sometimes lead individuals to unintentionally admit to the police that they drove under the influence. In essence, they accidentally confess their guilt. In such situations, one might wonder if it’s possible to get their DUI charge dropped. The answer is a cautious maybe.
A Golden Rule: Never Give a Statement to the Police Without Legal Counsel
If you are arrested for DUI, we always advise clients not to give a statement to the police. Why? Because you might say something that could be used against you later on. In cases where someone has already confessed to the police, our primary goal becomes an attempt to have the statement discarded.
Utilizing the Charter of Rights and Freedoms for Your Defence
We often leverage the Charter of Rights and Freedoms to argue that your statement should not be considered evidence. The Charter, an integral part of the Canadian Constitution, is designed to protect Canadians from government actions, including those of the police.
If the police did not follow the proper protocol during your arrest, it’s possible that any evidence gathered afterward will not be admissible in court. This means the statement where you admitted guilt may be disregarded, potentially weakening the government’s case against you to the point where your DUI charge could be successfully contested.
Can I get my DUI charge dropped if I confessed to the police?
In a situation where someone has already admitted their guilt to the police, one goal is to get the statement thrown out. This may be possible by arguing that the statement should not be admitted into evidence based on the Charter of Rights and Freedoms. If the police did not follow a rule on your arrest, any evidence secured after the breach of the rule might not be admissible in court, potentially weakening the government's case against you.
What should I do if I accidentally admit to a DUI while speaking to the police?
If you are arrested, it is important not to give a statement to the police without speaking to a lawyer first. The stress of the situation may lead to inadvertently admitting guilt. If you have already admitted guilt, one goal is to try to get the statement thrown out by arguing that it should not be admitted as evidence based on the Charter of Rights and Freedoms. If the police did not follow proper arrest procedures, any evidence secured after the breach of the rule might not be admissible in court, potentially weakening the government's case against you.
