Every successful defence begins with a clear plan. With over two decades of experience, we’ve developed a proven four-step case assessment process that guides you from uncertainty to resolution with confidence and clarity.
Facing Your First DUI Charge in Ontario?
Defended by Christopher Avery for more than 24 years. Reputation you can trust.
Call now 1-877-497-3927
Schedule a FREE assessment
More than 90% of our clients are first-time offenders. If this is your first impaired driving charge, a conviction in Ontario carries a minimum $1,000 fine, a one-year driving prohibition and a criminal record. But a charge is not a conviction.
Depending on the evidence and the circumstances of the case, a first charge may be withdrawn, successfully defended at trial, or in some cases resolved as careless driving under the Highway Traffic Act without a criminal conviction. We review the Crown’s evidence, the police investigation and the circumstances of the stop to identify the available defences and determine how the case should be fought.
What happens after a first DUI charge in Ontario?
Your licence is suspended for 90 days at the roadside, your vehicle is impounded for at least 7 days, and you receive a first court date. What happens from there depends on the evidence, and that is where a defence begins.
Will I go to jail for a first DUI in Ontario?
For most first offences the minimum sentence is a fine and a driving prohibition, not jail. Jail becomes a potential risk where there are aggravating factors, such as an accident, an injury, or a very high reading.
What is the most common sentence for a first DUI?
The minimum: a $1,000 fine plus a 30% victim surcharge and a 12-month driving prohibition. Many first offences resolve at or near the minimum, and some resolve without a criminal conviction at all. There are provincially imposed consequences as well, such as ignition interlock, administrative monetary penalties, and expensive counseling classes.
What is the two-hour rule for DUI in Ontario?
It is a criminal offence to have a blood alcohol concentration at or over the limit within two hours of operation, not only while behind the wheel. This changes how recent cases are defended, and it is one of the first things we review in yours.
Can a first DUI be reduced to careless driving?
In the right circumstances, yes. A reduction to careless driving under the Highway Traffic Act resolves the charge without a criminal record, and negotiating that outcome is one of our priorities when the evidence allows.
With serious penalties on the line, you owe it to yourself to get proper legal advice and build a strong defence.
Speak with an Ontario DUI Lawyer About Your First Offence
Call now 1-877-497-3927
Schedule a FREE assessment
OUR LEGAL ASSESSMENT PROCESS
1
COMPLIMENTARY ASSESSMENT
This is a full hour-long consultation, not a sales pitch. We take the time to understand you, not just the charge. We’ll talk through what happened, how you're doing, what the court process will look like, the potential outcomes, defence costs, and your most pressing questions. You’ll leave the call with a clear roadmap and the confidence of knowing what happens next.
2
Intake and Set-Dates
Once you’ve hired us, we take over the administrative burden. We’ll obtain all police disclosure and appear at every set-date court appearance on your behalf, so you don’t have to miss work or worry about procedure. Behind the scenes, we’re already reviewing your file and preparing for the real fight ahead.
3
Analysis and Pre-Trials
Our entire DUI lawyer team meets to analyze the disclosure, identify viable defences, and research the legal and factual issues in your case. We consult with you before engaging the Crown, either to set a trial date or negotiate a resolution that protects your future. You’re kept in the loop, but we carry the legal weight for you.
4
Hearing Date
This is where it all comes together—either in trial or in resolution. Mr. Avery will be in court beside you, fully prepared to protect your rights and secure the best possible outcome. Whether we’re arguing for an acquittal or negotiating final terms, your case is in the hands of an experienced advocate who knows how to win.
OUR GOOGLE 5 STAR REVIEWS
Powered by
Chris Avery and his team at Avery Law are outstanding. From the start, Chris was straightforward, knowledgeable, and easy to talk to. He... Read more
M
Mike
20/06/2025
We had an amazing experience working with Chris. From start to finish, they were professional, knowledgeable, and truly dedicated to our case. They... Read more
M
MS
10/04/2025
Chris Avery and the legal team was highly responsive and non-judgmental, taking the time to explain the process clearly and in easy to... Read more
D
DR
01/03/2025
I had the privilege of working with Christopher and Erica, and I can confidently say they are a class above the rest. I... Read more
C
Ccy
02/03/2025
Chris Avery and his legal team recently represented me in defending a legal matter against me. I am extremely happy with the result... Read more
B
BD
10/10/2023
Mr. Avery whent above and beyond for me and was able to have my charges withdrawn. I highly recommend him to anyone looking... Read more
B
BH
04/02/2023
