St. Catharines DUI & Cross-Border Defence

Strategic Location, Regional Coverage

With an office minutes from the Ontario Court of Justice, 59 Church Street, St. Catharines, we are ideally positioned to represent clients across the Niagara Region, including cases heard in Welland (102 East Main Street). We regularly defend clients charged in:

• St. Catharines
• Niagara Falls
• Niagara-on-the-Lake
• Fort Erie
• Welland
• Grimsby and surrounding towns

Unique Niagara Enforcement Context

The Niagara Region’s mix of tourism, wineries, and cross-border travel creates enforcement patterns that differ from most Ontario cities:

• Summer (May–Sept): Winery visits, festivals, and marine patrols on the Welland Canal and Lake Ontario drive seasonal charges.
• Holiday season (Nov–Jan): The Niagara Regional Police Service (NRPS) runs highly publicized RIDE programs.
• Year-round: The Ontario Provincial Police (OPP) patrol the QEW and rural routes.

Common Local Scenarios Leading to DUI Charges

• Returning from wine tastings or brewery tours in Niagara-on-the-Lake or Jordan
• Being stopped at RIDE programs on major roads or highways
• Driving after a casino visit or concert in Niagara Falls
• Crossing into Canada from the U.S. after drinking, including at the Queenston–Lewiston Bridge, Peace Bridge, or Rainbow Bridge
• Operating a boat on the Welland Canal or Lake Ontario after alcohol consumption

Defending U.S. Citizens Charged in Niagara

Niagara’s international border makes it common for U.S. citizens—especially from New York State—to face Canadian DUI charges. These cases often arise when:

• A driver unintentionally crosses into Canada after consuming alcohol
• Routine CBSA screening or traffic stops lead to roadside breath tests
• An incident occurs while visiting for tourism, business, or events

Key considerations for American clients:

• A Canadian DUI charge is treated as “serious criminality” under Canadian law, which can result in being denied future entry to Canada.
• The Canada Border Services Agency (CBSA) handles port-of-entry enforcement, while the RCMP may be involved between crossings.
• Court appearances are in Ontario criminal courts, not U.S. courts—meaning you need Canadian legal representation.
• We can appear on your behalf for many procedural steps, limiting your need to travel back to Canada.

Charges We Defend in Niagara

Under the Criminal Code of Canada, impaired driving charges include:

• Impaired operation by alcohol, cannabis, or other drugs
• Over 80 (BAC over 0.08)
• Refusal or failure to provide a breath/blood sample
• Impaired boating, snowmobile, or ATV operation

Potential Consequences of a Conviction

• Criminal record
• Licence suspension and ignition interlock requirements
• Substantial fines and possible jail time for aggravating factors
• Higher insurance premiums
• Employment and professional licensing impacts
• For U.S. citizens: Future inadmissibility to Canada and related immigration consequences
• For Canadians: Possible travel restrictions to the United States

Our Approach to Niagara DUI Defence

We focus on impaired driving defence throughout Ontario, with significant experience in the Niagara Region’s courthouses and border-related cases. Every case begins with a detailed review of:

• The legality of the stop or RIDE program
• The administration and timing of roadside and evidentiary tests
• Compliance with the Canadian Charter of Rights and Freedoms
• Accuracy of officer observations and documentation
• Any medical or technical issues affecting results

In every case, we attempt to negotiate with the Crown for a non-criminal outcome or a reduced penalty in the case of repeat offenders. Given Christopher Avery’s trial-first mentality, in that we prepare every case as if it is going to trial from the moment of your first contact with our office, should the matter not resolve in an advantageous way, we ensure that you are ready to go to trial with Mr. Avery at your side.

Who We Serve

From our St. Catharines office, we represent:

• Niagara Region residents
• Visitors from other provinces
• U.S. citizens charged while crossing the border or visiting the region

Taking the Next Step

If you have been charged with impaired driving in Niagara, whether as a local, tourist, or U.S. citizen, prompt legal advice can make a difference in the outcome. Contact us today for a confidential consultation.