Brampton Criminal Justice Attorney┃ Fight My DUI Criminal Defence
Frequently Asked Questions
Straight answers about DUI charges in Ontario.
A comprehensive reference for drivers facing an impaired driving charge. For advice specific to your file, request a free consultation.
What should I do immediately after being charged with a DUI?
Contact a DUI lawyer as soon as possible. Do not discuss the details of your case with anyone else. Preserve any receipts, messages, or details about your movements that night. Early advice can protect your rights before administrative deadlines pass.
Do I need a lawyer for a first-time DUI charge?
Yes. Even a first offence carries a mandatory criminal record, a driving prohibition, insurance consequences, and potential immigration issues. A DUI-focused lawyer can identify defences that self-representation almost always misses.
Will I automatically lose my licence?
In Ontario, an administrative licence suspension typically follows the charge. Whether it becomes a longer prohibition depends on the outcome of the case, which is why an aggressive early defence matters.
Can a DUI charge be dropped?
Yes. Charges can be withdrawn where the Crown cannot meet its burden, where key evidence is excluded on Charter grounds, or where the investigation contains procedural or scientific flaws.
Can a DUI charge be beaten in court?
Absolutely. DUI cases are technical and depend heavily on how the officer conducted the stop, the demand, the roadside test, and the breath or blood analysis. Our team includes former officers who examine every step for defensible issues.
How much does a DUI lawyer cost?
Fees depend on the complexity of the case and whether it resolves early or proceeds to trial. We provide clear, flat-fee quotes at the consultation, with no surprises. Every retainer includes a case review by former police officers and DUI experts at no additional cost.
What is the difference between impaired driving and Over 80?
Impaired driving alleges your ability to drive was affected. ‘Over 80’ alleges your blood alcohol concentration exceeded the legal limit — regardless of whether you appeared impaired. They are separate offences and often laid together.
What happens if I refused a breath sample?
Refusal is a criminal offence with penalties similar to Over 80. However, the Crown must prove the demand was lawful and properly communicated — both frequent points of successful defence.
Can the police stop me without a reason?
Police have limited authority to conduct traffic stops. Stops must comply with the Highway Traffic Act, the Charter, and constitutional limits on arbitrary detention. Improper stops can lead to evidence being excluded.
Can the police search my vehicle during a DUI investigation?
Search powers are narrow and depend on the circumstances. Unlawful searches can result in exclusion of evidence under section 24(2) of the Charter.
How long does a DUI case take?
Most Ontario DUI cases take 6 to 14 months from first appearance to resolution. Trials generally sit later in that range.
Will I have a criminal record?
A conviction results in a criminal record. Our objective is to avoid conviction wherever possible — through withdrawal, dismissal, or a favourable resolution.
Will I have to go to court?
For most administrative appearances we can attend on your behalf. You are only required to attend in person for specific stages, such as trial or a guilty plea.
Can I drive while my case is pending?
This depends on the administrative suspension imposed at the roadside and any Ministry actions. We can review your eligibility for restricted licensing and interlock programs.
What is an Immediate Roadside Prohibition or Administrative Licence Suspension?
It is a provincial licence suspension that takes effect immediately upon a failed or refused roadside test — separate from the criminal charge. Deadlines to challenge it are strict.
What happens if I failed a roadside breath test?
A failed roadside screening typically leads to an arrest and a demand for further breath samples. There are procedural and calibration issues that can affect whether the results are admissible.
Can I travel to the United States with a DUI charge?
A pending charge does not automatically prevent entry, but a conviction can create serious admissibility issues. We recommend legal advice before crossing.
Can I get my DUI charge withdrawn?
Yes — depending on the strength of the Crown’s evidence, Charter issues, and the results of our case review. Our team identifies weaknesses long before trial.
What evidence do prosecutors use in DUI cases?
Typically: officer notes, in-car video, roadside screening results, breath technician evidence, disclosure packages, and sometimes toxicology reports for drug cases.
Can police make mistakes during a DUI investigation?
Frequently. Improper demand wording, delayed breath testing, calibration issues, and failure to advise you of your rights are all defensible errors.
What happens if the breath machine wasn't working properly?
Breath instruments must be calibrated and operated by qualified technicians. Failures in either can render the readings unreliable and inadmissible.
Should I plead guilty to a DUI?
Not before your case has been fully reviewed. A guilty plea should be a strategic decision based on the evidence — never the default.
What happens at my first court appearance?
The first appearance is administrative. Disclosure is requested, the case is set for a Crown pre-trial, and next steps are scheduled. In most cases we can attend for you.
Will my insurance increase after a DUI?
A conviction typically results in significant insurance consequences, often placing drivers into the high-risk market. Avoiding a conviction is the best way to protect your rates.
What makes your firm different from other DUI lawyers?
We handle DUI cases only. Every retainer includes a case review by former police officers and DUI experts — you get multiple experienced professionals on your file, not just one lawyer.
Why should I hire a lawyer who focuses only on DUI cases?
DUI is one of the most technical areas of criminal law. Focus means we stay current on Charter developments, scientific evidence, and Ontario case law that a general practitioner may miss.
Does every case really get reviewed by former police officers and DUI experts?
Yes. It is included in every retainer at no additional cost. The team scrutinizes the officer’s investigation, roadside procedures, and testing before we finalize the defence strategy.
How soon should I contact a DUI lawyer after being charged?
Immediately. Early legal advice protects your rights, preserves evidence, and gives us the maximum runway to build the strongest defence.