Section 10(b) of the Canadian Charter of Rights and Freedoms gives everyone arrested or detained by police the right to “retain and instruct counsel without delay and to be informed of that right.” If Ontario Provincial Police arrest you for driving under the influence (DUI) of alcohol and/or drugs, the criminal defence lawyers of Mass Tsang strongly urge you to take advantage of this right. If you don’t have a lawyer, contact one for an initial consultation or, at the very least, request free legal advice from duty counsel. Legal advice during the initial stage of your DUI arrest can help ensure you don’t say or do anything that might be detrimental to your defence. It can also help set the stage for strategizing an effective defence.
Despite the severity of criminal DUI charges, some people forgo legal representation and decide to defend themselves. The primary reasons someone might decide to be their own lawyer in a DUI case include:
If this describes you, and you’re committed to defending yourself against DUI charges, know that your lack of legal training and relative unfamiliarity with criminal law, legal documents, and court procedures will likely put you at a distinct disadvantage. We could further extol the benefits of legal representation in DUI cases, but if you’re committed to self-defence, we’ve got some tips for you.
Most people arrested for DUI in Ontario are released on their own recognizance. However, if your DUI charges include aggravating circumstances like causing injury or death, you face potential pretrial incarceration. If you fail to secure pretrial release , you will struggle to strategize an effective DUI defence against what will undoubtedly be an aggressive prosecution due to the aggravating circumstances. Naturally, we would advise you to hire a competent bail hearing lawyer . If not, you’re going to be in for some intense legal training from the get-go of your case.
Assuming no pretrial incarceration, you’ll be released from custody — now what? First, you should thoroughly review and write down everything that happened before, during, and after your arrest. Do this ASAP while the incident remains fresh in your mind and know that even the slightest detail could be relevant to your defence. To help with your review, consider the following:
Next, familiarize yourself with Part VIII.1 — Offences Relating to Conveyances — of Canada’s Criminal Code, focusing on all DUI-related sections. For additional clarity, review the applicable Criminal Law Notebook sections on DUI,and any other legal resources pertaining to DUI that you can find online. You should also review Sections 7-14 of the Canadian Charter of Rights and Freedoms, which detail your rights when interacting with police. Charterpedia is a government-operated website that details how these rights work in practice based on court precedents. And, last, familiarize yourself with court procedures. There are numerous online resources to help with this, including the Ontario Court of Justice’s “ Step-by-Step ” guide and Criminal Rules section.
Once you’ve conducted diligent DUI law research, consider the law in the context of your arrest and the potential evidence the Crown will likely use against you in court. Start strategizing your defence by considering factors like:
After prosecutors disclose their evidence against you, conduct this exercise again, focusing on differentiations between your narrative and the Crown’s. Disclosure materials include police notes, witness statements, alcohol/drug screening results, and any other evidence the Crown plans to present during trial. Prosecutors will likely give disclosure to you during your first appearance, but they may be willing to release it in advance upon your request.
Your first appearance in court is an administrative formality that dictates how your DUI case will progress toward trial. After the court formally announces your charges, you must state whether you plan to plead innocent or guilty. If you plan to plead guilty, know that the court will not show any leniency, and your conviction will carry severe penalties, including a criminal record.
Unless you have already secured disclosure, the Crown usually provides them at this time. The first appearance also schedules a workable trial date for all parties. You can request a judicial pretrial meeting if you have evidence suggesting the case is flawed, weak, or involves other issues that might convince prosecutors to withdraw charges or negotiate a plea deal settlement. If you believe that police violated your Charter Rights, you must inform the court at this time that you intend to file a Charter application.
During the first appearance and any courtroom sessions, you should professionally present yourself and respectfully conduct your interactions with all other parties. Know that the judge will hold you to the same standards as a lawyer with regard to knowledge of the law and court procedures, so the more you know about them, the less likely your defence will be derailed due to a mistake of law or procedure.
Ontario Crown prosecutors generally avoid plea bargaining directly with defendants who defend themselves and typically take a hard-ball stance against such defendants. However, if the Crown’s evidence is especially weak or flawed and/or the court docket is overwhelmed, they may be willing to talk.
You may be somewhat prepared to navigate your defence strategy through the trial if you’ve conducted exhaustive research on the applicable DUI laws, court procedures, and how to defend against your specific charges. Be prepared to cross-examine police and other Crown witnesses and challenge physical evidence as warranted. You must also be prepared to introduce evidence that supports your defence and question defence witnesses if you have any. Witness testimony can be a crucial element of any trial if the defence can identify doubt-raising inconsistencies in witness narratives or related evidence. The court will not convict you if you can successfully raise enough reasonable doubts about your guilt.
If you or a loved one is facing criminal DUI charges in the Greater Toronto Area, don’t jeopardize your future by defending yourself. Given the criminal record, severe penalties, and aggravation that come with a conviction, contact the skilled DUI lawyers at Mass Tsang to secure a robust defence strategy.
