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DUI Exposed: Winning at Bars, Restaurants & Concerts

DUI Exposed: Winning at Bars, Restaurants & Concerts

  • Lots of people get charged with a DUI after leaving a business like a bar, a restaurant or a concert.
  • Why is this so common?
  • And if this happened to you, can you win your DUI case?
  • That’s what i’m going to cover in this blog.

DUI Hotspots

  • Many DUI charges are laid in the context of a public business such as a bar, a restaurant, or a concert venue.
  • And many of these DUI charges are laid because people in these public places will report the drunk driving incident to the police.
  • One of the key reasons why these reports are happening is that businesses have a strong financial incentive to prevent their impaired customers from causing accidents or injuries. 
  • These businesses can be held liable for serving someone to the point of impairment.
  • The risk of this financial penalty is real and makes these businesses particularly vigilant about detecting and reporting customers who’ve had too much to drink. 
  • This includes training employees to identify signs of intoxication and sometimes employing undercover and uniformed security guards. 
  • By doing so, these businesses minimize their risk of costly lawsuits and protect their reputation in the community.

Bystanders Report DUIs

DUI Traps: Fast-Food Drive-Thru

  • You might be surprised to learn that fast-food drive-thrus are a significant source of tips for police regarding impaired drivers
  • Employees at these fast food restaurants are trained to report suspected impaired drivers and often view their actions as a public service.
  • These employees often play a key role in preventing accidents and potentially saving lives.

Winning DUI Cases: Know the Law

  • Does a DUI charge in this business context make winning harder than a DUI charge resulting from a traffic stop or ride check?
  • The answer is no.
  • Every DUI must be considered case-by-case, regardless of where you were charged.
  • Critically, the obligation is on the Crown to prove the DUI case against you beyond a reasonable doubt.
  • And regardless of where the incident occurred, that same burden of proof exists for the Crown.
  • If there are issues with the evidence, an expert DUI lawyer will be able to find those weaknesses, which would lead to dropped charges or an acquittal.
Why are bars, restaurants, and concerts common locations for DUI charges?

Many DUI charges occur in public businesses like bars, restaurants, and concerts, and there are a few reasons why. Businesses that serve alcohol have a strong financial incentive to prevent their customers from causing accidents or injuries. If a business serves someone to the point of impairment, they can be held liable for any damages that result. To minimize this risk, businesses train their employees to identify signs of intoxication and may even employ undercover and uniformed security guards. Additionally, bystanders, such as friends, family, or coworkers, may call the police if they believe someone is attempting to drive while impaired.

Can you win a DUI case that occurred at a bar, restaurant, or concert venue?

If you have been charged with a DUI after leaving a bar, restaurant, or concert venue, you may wonder if it's possible to win your case. The answer is yes; every DUI charge must be considered case-by-case, regardless of where it occurred. It's critical to remember that the burden of proof is on the Crown to prove the DUI case against you beyond a reasonable doubt. An expert DUI lawyer can find weaknesses in the evidence, which could lead to dropped charges or an acquittal. So, if you're facing a DUI charge in any context, it's important to know the law and seek professional legal advice.

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.