DUI: How long will my DUI case take?

Factors Affecting DUI Case Duration

• One of the most common questions I get is how long will my DUI case take? And this question applies to all DUI cases including Over 80, Refusal to take a Breath Test or Impaired Driving whether by alcohol or drug.
• DUI case timelines are influenced by several aspects, and it’s essential to grasp the entire picture. At a high level and very roughly, your DUI case can take anywhere from 1 month to 18 months after your first court appearance.
• To make sense of this wide ranging timeline, let’s consider two important factors. First, whether your case will get resolved or whether it will go to trial. And second, the court jurisdiction which is handling your case.

Resolving a DUI Case Without Trial

• If your Impaired Driving case is not going to trial, then it could mean one of the following scenarios. 
• Either your DUI case will be withdrawn, or you will enter a guilty plea to the DUI as charged, or you have agreed to plead guilty to an amended lesser charge such as ‘careless driving’. 
• In these cases, the timeline can range anywhere from 1 to 9 months from the date of your first court appearance. 
• Often, these timelines get extended because we may be waiting for additional evidence from the crown, which can take months.

When a DUI Case Goes to Trial

• If your Over 80, Impaired Driving or Refusal case is going to trial, that will extend the timeline of your DUI case.

Impact of Court Jurisdiction on DUI Cases

• And when going to trial, the location of the court handling your DUI will have a big impact on your timeline. 
• Generally, in smaller jurisdictions the courts are not backlogged which means a faster case processing and faster outcomes. 
• In these smaller jurisdictions, your trial could get heard and completed within 7 to 9 months. 
• In busier jurisdictions where the court is responsible for a significant number of cases, your trial timeline could be much longer. Maybe 12 months or more. 
• And, in some cases, it can take up to 18 months.

The Supreme Court’s Stance on DUI Timelines: The Jordan Decision

• This 18 month timeline is an important threshold because of a Supreme Court of Canada case known as the Jordan decision. 
• In that case, the Supreme Court of Canada overturned an individual’s conviction because of an excessive delay before trial. 
• The court ruled that the delay violated this person’s right under Section 11(b) of the Charter of Rights and Freedoms, which guarantees a timely trial. 
• The Supreme Court established a guideline of an 18 month time limit for cases in provincial courts to reach trial. 
• This guideline ensures that all criminal cases, including DUIs, progress efficiently; otherwise, they risk being dismissed because of this Supreme Court decision.