DUI criminal charges are incredibly serious because a conviction can have life-altering consequences. Thankfully, there are some factors that can lead to DUI charges being dropped or the case being dismissed in Ontario.
Understanding these factors will make you better prepared to handle your case and may help you get your charges dropped and avoid the dire consequences of having a DUI conviction on your record. Read on to find out how to get DUI charges dropped in Ontario.
What is a DUI and How Serious Is It?
DUI stands for “driving under the influence,” and it refers to the act of driving a vehicle while being impaired by alcohol or drugs. DUI is a serious problem in Ontario. If you’re convicted in court, you’ll face a one-year license suspension and a mandatory minimum penalty of $1,000. The penalties are stiffer if you’re not a first-time offender.
A second offense will result in a three-year license suspension and a mandatory minimum jail term of 30 days. A third offense will result in a lifetime license suspension (reduced to 10 years if conditions are met) and a mandatory minimum jail time of 120 days. A fourth offense will result in a permanent lifetime license suspension and further jail time.
A DUI conviction will leave you with a criminal record, which can affect various aspects of your life, including employment opportunities, loan approvals, etc. With this in mind, it makes sense to get an impaired driving lawyer Ottawa if you feel you have a case.
How Often Are DUI Charges Dropped in Ontario?
Many people successfully get their DUI charges dropped in Ontario. In fact, the success rate is around 50% to 60%. However, your success in getting DUI charges dropped depends on the circumstances of the specific case and the quality of your impaired driving lawyer.
Note that the authorities will not drop charges against you unless there are serious flaws in a DUI case. Thus, successfully getting DUI charges dropped in Ontario requires engaging a professional DUI lawyer Ottawa who can prove that the case against you is flawed.
Reasons a DUI Charge Can Be Dropped in Ontario
Some reasons many DUI charges have been successfully challenged and dropped include:
Lack of Probable Cause – Law enforcement must have a valid reason (probable cause) to stop your vehicle. If there was no legal basis for the traffic stop, any evidence gathered afterward, including DUI-related evidence, might be deemed inadmissible.
Violation of Rights – If your rights were violated during the arrest or any part of the legal process, it could result in the exclusion of evidence and a possible dismissal of charges.
Errors In the Procedure – Mistakes made by law enforcement officers during the arrest or booking process could result in the case being dismissed. This might include failure to follow proper protocol during the arrest or errors in the administration.
Witness Credibility Issues – Inconsistencies in the testimonies of witnesses involved in the case (including those of the police officers) would weaken the prosecution’s case and lead to the dismissal of the evidence.
Incorrect Breathalyzer Tests – The authorities will rely on breathalyzer tests to prove you were driving under the influence. So, incorrect or unreliable breathalyzer tests can significantly weaken the prosecution’s case and lead to DUI charges against you being dropped.
How Can You Get Your DUI Charges Dropped in Ontario?
Knowing the reasons why DUI charges can be dropped in Ontario, it’s easier to see how you can get a charge against you dismissed. Here are ways that you and your criminal lawyer Ottawa can get the charges dropped.
Challenge The Legality of The Arrest – Your lawyer may be able to get your case dropped by challenging the legality of your arrest and proving that they have no valid reason to stop you.
Argue Violation of Your Rights – Since the Canadian Charter of Rights and Freedoms protects the rights of citizens, you can get your DUI charges dropped if your lawyer can prove a violation of your Charter rights.
Challenge Witness Credibility – Your lawyer can get your charges dropped by challenging the credibility of witnesses or proving inconsistency in witness testimonies.
Argue That the Law Enforcement Officers Made Mistakes – As mistakes in procedure can lead to a dismissal of charges, your lawyer may get your DUI charges dropped by looking for mistakes made by law enforcement officers at any stage of the process.
Challenge The Result of the Breathalyzer Test – Your lawyer can dismiss DUI charges against you by challenging the reliability of tests. Specific ways to undermine the reliability of a breathalyzer test result include casting doubt on the calibration of the device used for the test, proving that the test was not properly administered, and showing that the test results were affected by external contamination.
Final Thoughts
If you’ve been slammed with DUI charges, you may feel like the world is caving in on you. Thankfully, there are several ways to get your charges dropped and avoid a conviction. While success in getting your DUI charges dropped depends on the specific case, the quality of your Ottawa DUI lawyer is also a big factor.
An experienced DUI lawyer will assess and prepare your case in a manner that puts you in the best position to have the DUI charges against you dropped. If you’re facing a DUI charge and need a highly qualified and experienced lawyer, then contact AGP LLP today and see how we can help.
