Facing a DUI charge in Ontario is overwhelming. The penalties are severe, and the process can feel stacked against you. But a charge is not a conviction. Under the Criminal Code of Canada and the Charter of Rights and Freedoms, there are multiple paths to a successful defence. A skilled DUI lawyer can navigate these legal avenues to protect your future by applying the right DUI defence options in Ontario.
Here are five proven DUI defence strategies that we use at AveryLaw. These approaches have helped clients across the province avoid convictions or reduce charges.
1. Challenging the Legality of the Initial Police Stop
Your defence starts the moment the police initiate contact. Under section 320.27 of the Criminal Code, police may now make a mandatory alcohol screening demand at any lawful traffic stop without suspicion. The stop itself must still be lawful. We examine whether there were valid grounds for the stop and whether Charter rights under sections 8 and 9 (protection against unreasonable search and arbitrary detention) were breached.
If the stop was unlawful, evidence gathered afterward, including breath test results, can be excluded from trial under section 24(2) of the Charter.
2. Examining Roadside Screening and Testing Procedures
Even with a lawful stop, police must follow strict procedures for roadside testing. This includes the proper use of an Approved Screening Device (ASD) and, if applicable, a Standardized Field Sobriety Test (SFST).
We look for:
- Incorrect device calibration or maintenance
- Improper waiting periods or observation times
- Delays in providing a breath demand that breach legal timelines under section 320.28
Any errors in these steps can undermine the legality of a further evidentiary breath test at the police station. This is especially important in cases where you may need the representation of an over 80 DUI lawyer to challenge breath test evidence effectively.
3. Disputing Officer Observations and DRE Evaluations
The Crown often relies heavily on police observations of your speech, coordination, or behaviour to prove impairment. We challenge these by presenting alternative explanations such as fatigue, illness, or environmental factors.
For drug-impaired driving charges, the prosecution may use a Drug Recognition Expert (DRE) evaluation. At AveryLaw, we have a unique advantage through access to a former OPP chief trainer in the DRE program. This expert reviews every step of the evaluation for procedural or scientific errors and is often recognized by officers as the person who trained them. This can affect how vigorously they defend their evidence in court.
4. Leveraging Charter Rights Violations
Charter protections are a cornerstone of DUI defence. Police must inform you of your right to counsel (section 10(b)) immediately upon detention and must give you a reasonable opportunity to exercise that right in private.
If your rights are violated, for example by delaying access to a lawyer or denying privacy during the call, we can file a Charter application to exclude key evidence. Successful applications can lead to the withdrawal or dismissal of charges.
5. Negotiating Favourable Resolutions
Not every case goes to trial. When the Crown’s evidence has weaknesses, we use our trial-first preparation to negotiate resolutions that protect your future. This can include reducing a criminal DUI charge to a non-criminal offence such as careless driving under the Highway Traffic Act, which avoids a criminal record.
Our reputation for courtroom readiness often strengthens our position at the negotiating table and allows us to secure outcomes that less prepared counsel cannot achieve.
A DUI Charge Is Not a DIY Project
Defending a DUI in Ontario is a technical, high-stakes process. It requires knowledge of the Criminal Code, the Charter of Rights, Ontario’s Highway Traffic Act, and decades of evolving case law. An experienced Ontario DUI lawyer knows how to identify errors and challenge evidence. They also know how to use every available DUI defence option in Ontario to your advantage.
Contact AveryLaw today for a confidential consultation to discuss your DUI defence options. The sooner we start, the more options we have to protect your rights, your licence, and your future.
