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DUI First Offence in Ontario - 3 Mistakes to Avoid

DUI First Offence in Ontario – 3 Mistakes to Avoid

Three Critical Mistakes to Avoid When Facing a DUI Charge in Ontario

Facing a DUI (Driving Under the Influence), Impaired Driving, Over 80, or Refusal to Take a Breathalyzer Test charge in Ontario can be daunting. Here are three common mistakes you should avoid to ensure the best possible outcome.

1. Don’t Panic: Stay Calm and Seek Legal Advice

Firstly, while a DUI charge is indeed a severe issue with substantial implications, panicking can negatively affect your ability to make sound decisions. Panic can result in poor choices that may lead to avoidable, unfavorable outcomes. Remember, a DUI case may take several months or even over a year to conclude, so there’s ample time to regain your composure and seek appropriate legal counsel for your DUI charge.

2. Don’t Assume Defeat: Your DUI Case May Be Winnable

Secondly, even if the details of your DUI case appear unfavorable, it’s crucial not to presume you’ll lose. The responsibility of proving your guilt beyond a reasonable doubt falls on the Crown lawyers. There’s a possibility that the evidence against you isn’t as potent as you think, or there could be errors in the way your case was handled. If either scenario is accurate, your DUI charge might be beatable regardless of your current perspective.

3. Avoid Arguing Your Case at Your First Court Appearance

Lastly, when you were released from custody, you received paperwork with a court date. This date, known as a first appearance, is your initial court appearance for your DUI charge, but it’s not your trial date. It’s not the appropriate time to argue your case. Discussions about your case’s merits will occur during resolution discussions with the Crown. These discussions take place outside the court at future dates and may be ongoing over several months. So, avoid arguing your case at your first court appearance—it’s simply not the right moment.

What are the consequences of a DUI first offence in Ontario?

The consequences of a first-time DUI offence in Ontario can be severe, including fines, license suspension, and possible jail time. It's also important to note that a DUI conviction can have a long-lasting impact on your criminal record, which can affect your future employment, insurance rates, and travel restrictions.

What are the three mistakes to avoid when facing a DUI first offence in Ontario?

The three mistakes to avoid when facing a DUI first offence in Ontario are: 1) not seeking legal representation, 2) providing a statement to the police without speaking to a lawyer, and 3) pleading guilty without fully understanding the implications of your plea. It's essential to seek the advice of a qualified DUI lawyer to ensure your rights and interests are protected throughout the legal process.

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.