Chances of Winning a DUI Case in Ontario
If you have been charged with a DUI in Ontario, you may be wondering what the likelihood is of winning your case.
No driver wants to be saddled with an impaired driving charge on their criminal record. A DUI case can have severe and lasting consequences, such as fines, licenсe suspension, higher insurance premiums, and prison time.
Connecting with an experienced DUI lawyer is your best chance at having your DUI charges acquitted.
DUI Cases in Ontario by the Numbers
Every year, in the Ontario court system, there are approximately 20,000 DUI cases that get processed according to Statistics Canada.
DUI cases range from impaired driving charges to standard DUIs, failure to provide a breath sample, multiple DUI offences, and other types.
The chances of winning a DUI case in Ontario Criminal Courts are roughly 50/50. It depends almost entirely on the circumstances of your case, if there is a prior DUI conviction or previous criminal history, and how skilled your DUI lawyer is.
Of those who are not found guilty of a DUI charge, it is often a result of one of three outcomes:
- There was an acquittal.
- The charges withdrawn or your DUI case was dismissed.
- The case was resolved by alternative means, such as a plea deal.
Factors Affecting the Outcome of a DUI Case
As you contemplate how to fight an impaired driving charge, there are several key factors any experienced lawyer will tell you could affect the outcome of your case.
Evidence
There may or may not be clear evidence to support a DUI charge, such as a blood alcohol concentration exceeding the legal limit. If there is reasonable doubt that you may not be guilty of impaired driving, challenge the evidence.
Circumstances
The circumstances surrounding your DUI will also guide your defence strategy, such as if there was an injury or harm done to another person, if children were involved in some way with the accused’s impaired driving, and other details.
Prior Criminal Record
If you have prior convictions or a past DUI charge, the court is less likely to be sympathetic and a favourable outcome may be hard to acquire.
Mitigating Factors
If there were malfunctioning components in your motor vehicle or a medical emergency during the arrest, these mitigating factors may work in your favour.
Is It Possible to Reduce a DUI to Careless Driving?
A common approach, in some DUI cases, is to make the charge less severe and thereby the consequences. In this vein, some legal representation will advise to make a careless driving plea instead of accepting a DUI.
Careless driving is still a criminal charge but is considered less severe, which is why many people pursue this route with their defence. This would mark it as a violation of the Ontario Highway Traffic Act.
While there are no guarantees that your DUI could be reduced in this way, it may be achievable.
You are more likely to receive a reduced charge to careless driving if you have a perfect driving record, a lack of prior DUI convictions, and a low blood alcohol concentration at the time of arrest. That said, this still relies on your DUI lawyer being able to present a compelling argument and being able to negotiate this outcome.
Defence Strategies
A robust defence strategy can potentially lead to DUI charges withdrawn and avoiding conviction.
Your Ontario DUI lawyer may want to challenge the evidence if they do not believe it to be sound. They may choose to question police conduct or present a case that your Charter rights were not respected during the arrest. Your lawyer may want to try to negotiate a plea deal.
In preparing a defence, a lawyer will want to review police reports, the breath sample taken and results from any roadside screening device, results from field sobriety tests, details surrounding the traffic stop, and other factors.
DUI cases heard in Ontario are frequently defeated based on a DUI lawyer knowing where to look.
Ultimately, an experienced DUI lawyer will know based on the circumstances where to take your case.
Increasing Your Chances of Winning a DUI Case in Ontario
Winning a DUI case falls on your DUI lawyer to be able to come through with a strong defence.
Be sure to hire the best lawyer you can. Ask about your legal representation’s success rate, read reviews from past clients, and evaluate their reputation prior to hiring them.
You can help your lawyer by documenting everything you remember, from the places you drove to, what you drank or ate, and other details surrounding the arrest to how you were treated by police and accommodations made while you were detained.
It is best to not discuss anything about your DUI case with anyone without prior consent of your lawyer. This also applies to discussing your case with potential witnesses as this may result in witness testimony being thrown out.
The Importance of Expert Representation
Though some individuals may be tempted to represent themselves, believing a DUI charge to be fairly straightforward and simple, it is not recommended unless you have a strong legal background. Impaired driving is a serious offence.
An expert DUI lawyer in Ontario can identify weaknesses in your case, judge evidence strength, and ultimately launch your best effort at a successful defence.
Preparing for Trial and Potential Outcomes
A DUI charge in Ontario takes time to process. The courts have up to 30 months to bring your charges to trial.
Though it is rare, if you have not received your time in court after 30 months have passed, you can petition the courts in Ontario to waive your charges based on the premise that the acceptable wait limit has passed.
As you prepare, you must be made aware of the consequences of a DUI charge if you lose your case. It may include a permanent criminal record, driver’s licence suspension, fines, travel restrictions, an impact on your ability to work, and potentially serving a jail sentence.
If you win against the prosecution’s case, all charges are waived and dropped. Your driving record and criminal record will not reflect the charges. You are free from any wrongdoing and can carry on with your life without the consequence of being charged with a DUI.
Conclusion
Just because you were charged with a DUI does not mean you are guilty. Many cases are found not guilty or acquitted.
Connect with a DUI lawyer at Costa Law Firm for a free consultation and let’s sit down together to sort through the circumstances of your case to determine how likely it is you could win your DUI case. If we do not believe you are likely to win, we will be transparent with you and advise that it is likely not worth the time to fight the charges.
Contacting a DUI lawyer is the first step towards setting yourself up with your best chance at a win.
CAUTIONARY WARNING: these writings are intended by Costa Law Firm Professional Corporation to serve strictly for promotional purposes and are not to be considered to be legal advice to the reader’s particular situation – ALWAYS actively consult directly and exchange particular information with a licensed lawyer or paralegal as appropriate in the circumstances.
David Costa
Dir.(416)788-6329
