DUI Plea Bargains: What You Need to Know

In this blog, I’m going to talk about plea bargains in the context of a DUI charge in Ontario, Canada.  And understanding how these DUI plea bargains could dramatically impact the outcome of your Impaired Driving case in Ontario.

If you’re facing a DUI, Impaired Driving, or Refusal charge in Ontario, you might be wondering if a plea bargain is a worthwhile option to pursue. Let’s find out.

Understanding Plea Bargains in DUI Cases

First, let’s cover, “What is a Plea Bargain?”

A plea deal eliminates the need for a trial by allowing a person charged with a DUI to admit guilt to a reduced charge, thereby securing a lighter sentence. But there’s more to plea bargains than just that.

The key to plea bargains is to understand the logic behind plea deals.  The reality is that the majority of DUI cases in Ontario are resolved by plea bargains rather than taking these DUI cases to trial.  

This approach offers big advantages for both the crown, who is the lawyer representing the government and to you, who is the person charged with the DUI.

If you’re charged with a DUI, the main benefit to you is that you would get a lighter charge or sentence.

From the perspective of the crown, a plea bargain avoids the cost, time and complications associated with going to a trial.  And, a plea bargain addresses the reality of the Canadian criminal justice system which does not have the capacity to take every DUI case to trial.  If that happened, our court system would grind to a halt.  So where possible, the crown is motivated to find a plea agreement if that is possible.

How Plea Bargaining Works in DUI Cases

Now, let’s discuss how plea bargaining works in reality.

Plea bargaining involves a negotiation between the crown and the defense.  Either party can initiate plea discussions.  This usually happens well before the start of a trial.  But, it can also start, or continue during a trial if new evidence comes to light during the trial.

There are different ways to structure a plea bargain.  Here are some examples.

• The Crown might agree to drop some charges for a guilty plea on others.
• The Crown might agree to seek reduced penalties in exchange for a guilty plea.
• The Crown might allow you to plead guilty to a lesser serious offence which is called a summary conviction versus the more serious conviction known as an indictable offence.

Factors Influencing DUI Plea Bargain Outcomes

The outcome of a plea bargain is influenced by which side has the upper hand, and this is determined by the strength of the evidence. The Crown’s advantage in plea bargain negotiations is directly related to the strength of the evidence. The more convincing the evidence is in proving the elements of a DUI, the greater the Crown’s bargaining power becomes.

The Importance of Legal Representation

You are not legally required to have a lawyer when negotiating a plea bargain with the Crown. However, it’s important to remember that the Crown’s goal is to convict you. DUI cases involve complex legal issues related to evidence, and without a solid understanding of these complexities, you may be at a significant disadvantage during plea negotiations. 

Having a lawyer on your side can help ensure that you are on equal footing with the Crown and that your rights are fully protected throughout the plea negotiations.  And your lawyer will explain any plea bargain to you.  And remember, you can always reject a plea bargain if you are not happy with the outcome.