Being charged with driving under the influence (DUI) or impaired driving in Toronto has serious consequences, including fines, license suspension, and, in more severe cases, jail time.
An impaired driving conviction will lead to a criminal record, which can impact your employment opportunities and travel plans. However, an experienced impaired driving lawyer can employ various strategies to fight these charges and potentially have them reduced or dismissed.
As a Toronto Impaired Driving lawyer, I’ll reveal 10 of our most effective strategies to fight your DUI charge.
Understanding DUI Laws in Ontario
Before diving into defence strategies, it’s important to understand the legal framework surrounding impaired driving in Ontario. Under the Criminal Code of Canada, it is illegal to operate a motor vehicle:
- While your ability to do so is impaired by alcohol or drugs
- With a blood alcohol concentration (BAC) of 80 mg or more of alcohol per 100 mL of blood (0.08)
- With a detectable amount of certain drugs in your system
Additionally, refusing to provide a breath or blood sample when lawfully requested by police is a criminal offence with penalties similar to impaired driving.
Top Strategies to Fight DUI Charges
1. Challenge the Legality of the Traffic Stop
One of the first things we examine is whether the police had reasonable grounds to stop your vehicle in the first place. Police must have a valid reason to pull you over, such as:
- Observing a traffic violation
- Responding to a complaint
- Conducting a lawful RIDE program checkpoint
If we can demonstrate that the initial traffic stop was unlawful or arbitrary, any evidence obtained afterward may be deemed inadmissible in court. In this situation, your DUI charge may get withdrawn.
2. Question the Reliability of Field Sobriety Tests
Field sobriety tests, such as walking in a straight line or standing on one leg, are often used by police to establish grounds for arrest. However, these tests are not always reliable indicators of impairment. Factors that can affect performance include:
- Physical limitations or medical conditions
- Nervousness or anxiety
- Environmental conditions (e.g., uneven surfaces, poor lighting)
- Improper test administration by the officer
We carefully review how these tests were conducted and look for any factors that may have unfairly influenced the results.
3. Challenge Breathalyzer Results
In some situations, breathalyzer devices used to measure BAC can be beaten. We scrutinize the testing process for any procedural errors or equipment malfunctions that could invalidate the results. Common issues we look for include:
- Improper calibration or maintenance of the device
- Failure to observe the mandatory 15-minute waiting period before testing
- Interference from other substances (e.g., mouthwash, breath mints)
- Medical conditions that can affect breath alcohol readings (e.g., GERD, diabetes)
If we raise doubt about the accuracy of the breathalyzer results, we can exclude them as evidence.
4. Argue Rising Blood Alcohol Content
In some cases, we can argue that your BAC was below the legal limit while driving but rose above 0.08 by the time you were tested. This “rising BAC” defence is based on the fact that alcohol continues to be absorbed into the bloodstream for some time after consumption.
To support this argument, we may:
- Analyze the timing of your last drink in relation to when you were driving
- Consult with toxicology experts to estimate your BAC at the time of driving
- Challenge the prosecution’s assumptions about alcohol absorption rates
5. Examine Police Procedures and Charter Rights
We meticulously review the arrest process to ensure your Charter rights were followed properly. Any violations of your rights could lead to evidence being excluded. Key areas we focus on include:
- Whether you were promptly informed of the reason for your arrest
- If you were given the opportunity to speak with a lawyer in private
- The timeliness of breath testing (must be conducted within 2 hours of driving)
- Proper handling and storage of blood samples (if applicable)
6. Explore Alternative Explanations for Impairment Symptoms
Sometimes, symptoms that police interpret as signs of impairment can have innocent explanations. We investigate possible alternative causes for the observed behaviour, such as:
- Fatigue or lack of sleep
- Medical conditions (e.g., neurological issues, balance problems)
- Medications with side effects mimicking impairment
- Emotional distress or recent trauma
We can create reasonable doubt about the cause of any apparent impairment by presenting plausible alternative explanations.
7. Challenge the Reliability of Drug Recognition Experts (DREs)
In cases involving suspected drug impairment, police may rely on the opinion of a Drug Recognition Expert. While these officers receive specialized training, their assessments are not infallible. We scrutinize DRE evidence by:
- Reviewing the officer’s qualifications and experience
- Analyzing the specific tests conducted and their scientific validity
- Exploring potential bias or errors in the evaluation process
8. Utilize Technical Defenses
Numerous technical requirements must be met for DUI evidence to be admissible in court. We look for any procedural missteps that could lead to evidence being excluded, such as:
- Improper completion of forms and documentation
- Failure to provide proper notices (e.g., certificate of analysis)
- Issues with disclosure of evidence to the defence
9. Negotiate for Reduced Charges
Sometimes, the best strategy is negotiating with the crown to reduce charges. This could involve pleading for a lesser offence like careless driving, which carries less severe penalties and is not a criminal conviction. Factors that may support this approach include:
- Borderline BAC results
- Lack of prior offences
- No accident or injury involved
- Strong mitigating personal circumstances
10. Present a Strong Character Defense
While not a legal defence per se, presenting evidence of your good character and the potential impact of a conviction on your life can sometimes influence the court’s decision. This may include:
- Letters of reference from employers or community leaders
- Evidence of volunteer work or community involvement
- Proof of completion of alcohol education or treatment programs
- Demonstration of steps taken to address any underlying issues
The Importance of Experienced Legal Representation
Fighting DUI charges requires a thorough understanding of complex legal and scientific issues. An experienced impaired driving lawyer will know how to identify the most robust defences in your case and present them effectively in court.
When choosing a lawyer to defend against DUI charges in Toronto, look for someone who:
- Specializes in impaired driving cases
- Has a track record of successful outcomes
- Stays up-to-date on changes in DUI laws and testing procedures
- Can explain your options clearly and develop a tailored defence strategy
Remember, every DUI case is unique, and the best defence strategy will depend on the specific circumstances of your situation. A skilled lawyer will carefully review all aspects of your case to determine the most effective approach.
Conclusion
While facing DUI charges can be intimidating, it’s important to remember that being charged does not guarantee a conviction. Employing these strategies and working with an experienced impaired driving lawyer may reduce or dismiss your charges entirely.
What are common defenses against DUI charges?
Common defenses include challenging the legality of the traffic stop, questioning the reliability of field sobriety tests, and disputing breathalyzer results.
Can breathalyzer results be challenged in court?
Yes, breathalyzer results can be challenged if there are procedural errors, equipment malfunctions, or medical conditions that affect readings.